Before and after: CPLR § 1007
Side-by-side comparison of the statute as amended by the AVOID Act. Each row shows the original language alongside the new language so you can see precisely what changed.
Before
CPLR § 1007 prior to the AVOID Act
After
CPLR § 1007 as amended, effective April 18, 2026
After the service of his answer, a defendant may proceed against a person not a party to the action who is or may be liable to him for all or part of the plaintiff’s claim against him, by filing a summons and third-party complaint with the clerk of the court. The defendant shall forthwith serve a copy of the third-party complaint upon all other parties to the action.
After the service of his answer, a defendant may proceed against a person not a party to the action who is or may be liable to him for all or part of the plaintiff’s claim against him, by filing a summons and third-party complaint with the clerk of the court, subject to the time limitations set forth in this section. The defendant shall forthwith serve a copy of the third-party complaint upon all other parties to the action.
This subdivision did not exist before the AVOID Act.
A defendant shall not file a third-party summons and complaint more than ninety days after serving its answer without an order of the court.
This subdivision did not exist before the AVOID Act.
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 subdivision did not exist before the AVOID Act.
An action filed in violation of this section shall be severed or dismissed without prejudice.
This subdivision did not exist before the AVOID Act.
Notwithstanding the provisions of subdivision (b) of this section, a defendant or third-party defendant may file a third-party summons and complaint against an employer of the plaintiff within ninety 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 subdivision did not exist before the AVOID Act.
A third-party action that has been severed from the main action pursuant to this section or pursuant to CPLR section 603 may not thereafter be consolidated with the main action.
UNVERIFIED. The statutory text on this page is a plausible reconstruction and has not been verified against official New York session law or McKinney's Consolidated Laws. Human review by a licensed New York attorney is required before publication or reliance.
Stay informed
Get notified when courts issue AVOID Act rulings
The annotated text is a living document. Updates go to subscribers first.
By subscribing, you agree to receive emails from TheAvoidAct.com. Unsubscribe any time.