CLIENT ALERT: New York Amends Statute Governing Third-Party Pleading

Effective as of April 19, 2026, New York has amended Civil Practice Law and Rules Section 1007 (“CPLR 1007”), the statute that governs third-party pleadings. Third-party pleading allows a defendant to bring other parties into a case where the defendant believes those other parties may be ultimately responsible for any damages owed to the plaintiff, typically by way of a common law or contractual duty of indemnification or contribution. Bringing those third-parties into the same case brought by the plaintiff can promote efficiency, and avoid potentially conflicting judgments about liability.

Sometimes, however, third-party pleading is not efficient and can lead to delays (for example, where the new party has not had a chance to participate in discovery). Prior to the new amendments, courts had significant discretion as to when to allow third-party pleadings, and how to deal with complaints of delay or prejudice arising from “late” third-party pleadings. The amendments significantly restrict judicial discretion and now set strict time limits on when third-party pleadings may be commenced, regardless of what has actually transpired in the lawsuit.

There are multiple practical and strategic reasons why defendants might need or want to defer the commencement of a third-party pleading; not least, they may not even know who might owe them indemnity or contribution on the claim. The recently amended CPLR 1007 requires defendants to make those decisions, and undertake any required investigation, almost immediately upon being served with the plaintiff’s complaint.

Please contact the Olshan attorney with whom you regularly work or the following Olshan attorneys, if you would like to discuss further or have any questions.

This publication is issued by Olshan Frome Wolosky LLP for informational purposes only and does not constitute legal advice or establish an attorney-client relationship. In some jurisdictions, this publication may be considered attorney advertising.
Copyright © 2026 Olshan Frome Wolosky LLP. All Rights Reserved.