Before and after: CPLR § 1007

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.

A third-party complaint based upon a contractual obligation of the proposed third-party defendant, including an obligation to indemnify or to procure insurance, shall be filed within ninety days after service of the answer by the defendant seeking to implead, or within forty-five days in the case of a second or subsequent third-party defendant.

A third-party complaint based upon a non-contractual claim, including a claim for contribution or common-law indemnification, shall be filed within sixty days after the defendant becomes aware that the proposed third-party defendant may be liable, or within forty-five days in the case of a second or subsequent third-party defendant. For purposes of this subdivision, "becomes aware" means has actual knowledge of facts sufficient to support a good-faith belief that the third party is or may be liable.

A third-party complaint against an employer pursuant to Workers' Compensation Law section eleven, where the basis for the claim is a grave injury or the identity of the employer was not known at the time the defendant served its answer, shall be filed within one hundred twenty days after the later of: (i) the date on which the grave injury status of the injured party became known to the defendant, or (ii) the date on which the identity of the employer first became known to the defendant.

No third-party complaint shall be filed after the filing of the note of issue. Any such complaint filed in violation of this subdivision shall be dismissed or severed without prejudice.

The time to file a third-party complaint may be extended by written agreement of all parties for a period not to exceed thirty days beyond the applicable deadline. Any further extension shall require leave of court upon a showing of good cause and that the extension is in the interest of justice. In no event may a third-party complaint be filed more than twelve months after service of the answer without the written consent of the plaintiff and leave of court.

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.