Assembly Bill A624

Signed By Governor
2011-2012 Legislative Session

Provides that certain defenses relating to proper service on a third-party plaintiff by a plaintiff may not be asserted in the answer of a third-party defendant

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Archive: Last Bill Status - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A624 (ACTIVE) - Details

See Senate Version of this Bill:
S3762
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §1008, CPLR
Versions Introduced in 2009-2010 Legislative Session:
A10151, S2042

2011-A624 (ACTIVE) - Summary

Prohibits a third-party defendant from asserting an objection or defense that the summons and complaint, summons with notice or notice of petition and petition were not properly served, or that jurisdiction was not obtained over the third-party plaintiff.

2011-A624 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   624

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M.  of  A.  WEINSTEIN  --  read once and referred to the
  Committee on Codes

AN ACT to amend the civil practice law and rules, in relation to assert-
  able defenses of a third-party defendant

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1008 of the civil practice law and rules is amended
to read as follows:
  S  1008.  Answer  of  third-party defendant; defenses. The third-party
defendant shall answer the claim asserted against him OR HER by  serving
copies  of  his OR HER answer upon the third-party plaintiff. The third-
party defendant may assert against the plaintiff in his  OR  HER  answer
any  defenses  which  the  third-party  plaintiff has to the plaintiff's
claim EXCEPT AN OBJECTION OR DEFENSE THAT  THE  SUMMONS  AND  COMPLAINT,
SUMMONS  WITH NOTICE OR NOTICE OF PETITION AND PETITION WAS NOT PROPERLY
SERVED, OR THAT JURISDICTION  WAS  NOT  OBTAINED  OVER  THE  THIRD-PARTY
PLAINTIFF.    The third-party defendant shall have the rights of a party
adverse to the other parties in the action, including the right to coun-
ter-claim, cross-claim and appeal.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03129-01-1


              

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