The AVOID Act: annotated text of CPLR § 1007

This subdivision preserves the general right to implead but now makes that right expressly subject to the deadlines enacted by the AVOID Act. The phrase "subject to the time limitations set forth in this section" is the key addition.

This is one of the most significant changes brought by the chapter amendments. The original AVOID Act set a 60-day window for contractual claims; the chapter amendments extended this to 90 days for first-time third-party defendants, recognizing that contract review and insurance verification take time. Subsequent third-party defendants (parties impleaded by another third-party defendant) retain the shorter 45-day window.

The 60-day "becoming aware" deadline is the most litigated provision of the AVOID Act. Courts have not yet settled on a uniform standard for when awareness is triggered. Conservative practice requires starting the clock from the earliest moment you have facts implicating a third party, whether through document review, deposition testimony, or expert analysis.

The employer exception preserves access to the WCL § 11 grave injury claim, which is critical in Labor Law construction cases. The 120-day window is measured from whichever triggering event occurs later: learning of the grave injury, or learning the employer's identity. Because both facts are often confirmed through investigation and medical records, this provision requires active case monitoring from the date of service.

This is a hard stop. Once the note of issue is on file, impleader is categorically prohibited regardless of whether any other deadline has run. The "without prejudice" language means the claim is not permanently barred, but in practice, relitigating it in a separate action is costly and uncertain.

The extension framework creates a three-tier system: (1) the base deadline, (2) a 30-day written extension by party agreement, and (3) a court-ordered extension for good cause. The 12-month hard cap is absolute short of plaintiff consent and court approval. Note that the 30-day extension does not reset the 12-month hard cap.

Once severed, always severed. This provision closes a potential loophole by which a defendant might delay filing, accept severance, and then seek reconsolidation to avoid the practical impact of the deadline. The consolidation ban is permanent and unconditional.