Question 1

What is the AVOID Act?

Accepted Answer

The AVOID Act (Avoiding Vexatious Overuse of Impleading to Delay) is a New York law that amends CPLR § 1007. It imposes a strict 90-day deadline on third-party practice in New York state courts, requiring defendants who wish to implead additional parties to do so within 90 days of serving their answer. The law applies to cases commenced on or after April 18, 2026.

Question 2

When did the AVOID Act take effect?

Accepted Answer

The AVOID Act took effect on April 18, 2026. It applies to cases commenced on or after that date. Cases commenced before April 18, 2026 are not subject to the new rules. Defendants in newly filed cases should immediately assess whether they need to file third-party complaints before the 90-day deadline expires.

Question 3

What is the deadline for filing a third-party complaint?

Accepted Answer

Under CPLR § 1007(b), a defendant has 90 days from serving your answer to file a third-party summons and complaint without a court order. This unified deadline applies regardless of the nature of the claim. There is no distinction between contractual and non-contractual claims under the enacted law.

Question 4

Can I file a third-party complaint after the note of issue?

Accepted Answer

Generally, no. Under CPLR § 1007(c), no third-party summons and complaint may be filed after the filing of a note of issue unless upon good cause shown or in the interest of justice. This means a filing after the note of issue is not automatically barred, but requires demonstrating good cause or that justice requires it. Consult counsel before attempting a post-note-of-issue filing.

Question 5

Do the AVOID Act deadlines apply to cases that were pending when the law took effect?

Accepted Answer

No. The AVOID Act applies only to cases commenced on or after April 18, 2026. Cases that were pending before that date are not subject to the new rules. The enacted law does not apply retroactively.

Question 6

What is the employer exception?

Accepted Answer

Under CPLR § 1007(e), a defendant may file a third-party complaint against an employer within 90 days of the later of: (1) the date the identity of the employer becomes known, or (2) the date the defendant knows or should know the plaintiff sustained a grave injury as defined in Workers’ Compensation Law § 11. This 90-day employer exception runs from whichever of the two triggering events occurs later.

Question 7

What counts as a "grave injury" for the employer exception?

Accepted Answer

Grave injury is defined under Workers’ Compensation Law § 11 and includes death, permanent and total disability, and a specific list of catastrophic injuries such as loss of a limb, paraplegia, quadriplegia, total and permanent blindness, and total and permanent deafness, among others. Courts apply this definition strictly.

Question 8

What happens if I miss the 90-day deadline?

Accepted Answer

Under CPLR § 1007(d), a third-party complaint filed in violation of the time limitations shall be severed or dismissed without prejudice. Seeking a court order for an extension requires showing good cause.

Question 9

Can the 90-day deadline be extended?

Accepted Answer

Extensions beyond 90 days require a court order. There is no stipulated extension mechanism under the enacted law, and there is no absolute outer deadline that operates by operation of law. Any extension must be obtained from the court, and the moving party must demonstrate good cause.

Question 10

If a third-party action is severed, can it later be consolidated with the main case?

Accepted Answer

No. Under CPLR § 1007(f), a third-party action that has been severed from the main action may not thereafter be consolidated with the main action. This consolidation ban is absolute and prevents defendants from using reconsolidation to circumvent the effect of the deadlines and severance rules.

Question 11

Does the AVOID Act apply in federal court (e.g., the Southern District of New York)?

Accepted Answer

No. The AVOID Act amends New York’s Civil Practice Law and Rules, which governs New York state court procedure. Federal courts sitting in New York apply Federal Rule of Civil Procedure 14, which has its own impleader rules. However, federal courts may look to the AVOID Act for guidance on substantive state-law issues in diversity cases.

Question 12

What are the "chapter amendments" and what did they change?

Accepted Answer

The chapter amendments (S8809, signed February 13, 2026) replaced the original bill’s tiered deadline structure with a single unified 90-day deadline from the date of serving your answer. The chapter amendments eliminated the separate deadline tracks that existed in the original bill, removed the awareness-based trigger for certain claims that the original bill had included, added the good-cause exception for post-note-of-issue filings, narrowed applicability to cases commenced on or after April 18, 2026, and set the employer exception at 90 days.

Question 13

Can general contractors still implead subcontractors in Labor Law cases?

Accepted Answer

Yes, but only within the 90-day deadline. A general contractor defending a Labor Law § 240 or § 241 claim may still file a third-party complaint against the relevant subcontractor for indemnification or contribution within 90 days of serving the answer. The AVOID Act does not eliminate impleader; it imposes strict timing requirements. After 90 days, a court order is required.

Question 14

What should I do immediately after being served with a complaint?

Accepted Answer

In the first 48 hours: (1) identify all subcontractors and vendors whose work relates to the alleged incident; (2) locate and review all contracts for indemnification and insurance procurement obligations; (3) pull certificates of insurance for all relevant parties; (4) notify your insurance carrier; and (5) calendar the 90-day deadline from the date you serve your answer. Delay in any of these steps can result in missing the filing window.

Question 15

When exactly does the 90-day clock start?

Accepted Answer

The 90-day clock runs from serving your answer. Day 0 is the date you serve your answer; day 90 is the filing deadline for a third-party summons and complaint without a court order. For the employer exception, the clock runs from the later of (a) the date the employer’s identity became known, or (b) the date you knew or should have known of the grave injury.

Question 16

What is the effective date and applicability rule?

Accepted Answer

The AVOID Act applies to cases commenced on or after April 18, 2026. Cases filed before that date are not subject to the new rules, regardless of where they are in the litigation timeline. This applicability rule was narrowed by the chapter amendments from the original bill.

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