(a) After the service of a defendant’s answer, the defendant may proceed against a person or legal entity not a party who is or may be liable to that defendant for all or part of the plaintiff’s claim against that defendant, by filing pursuant to section three hundred four of this chapter a third-party summons and complaint with the clerk of the court in the county in which the main action is pending, for which a separate index number shall not be issued but a separate index number fee shall be collected. The third-party summons and complaint and all prior pleadings served in the action shall be served upon such person or legal entity within twenty days of the filing. A defendant serving a third-party complaint shall be styled a third-party plaintiff and the person or legal entity so served shall be styled a third-party defendant. The defendant shall also serve a copy of such third-party complaint upon the plaintiff’s attorney simultaneously upon issuance for service of the third-party complaint on the third-party defendant.
§ 1007.When third-party practice allowed.
Article 10. Parties Generally · Last amended 2026 · Last verified July 21, 2026
In one sentenceCPLR 1007 lets a defendant who has already answered bring in a new party -- a third-party defendant -- who may owe the defendant reimbursement or contribution for all or part of the plaintiff's claim, by filing and serving a third-party summons and complaint within set deadlines.
Full Text of CPLR 1007
(b) 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.
(c) 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.
(d) An action filed in violation of this subdivision shall be severed or dismissed without prejudice.
(e) Notwithstanding subdivisions (b) and (c) of this section, a defendant or third-party defendant may file a third-party summons and complaint against an employer of the plaintiff without an order of the court within ninety days after the later of: 1. the date the identity of the employer of the plaintiff becomes known to the defendant or third-party defendant, or 2. the date the defendant or third-party defendant knows or should know the plaintiff sustained a grave injury, as such term is defined in section eleven of the workers’ compensation law.
(f) In the event a third-party action is severed from the initial action pursuant to this section, and a third-party plaintiff proceeds to initiate a new action by the filing of a summons and complaint against a severed third-party defendant, any motion to consolidate such actions shall not be permitted.
Plain-English Summary
Third-party practice, often called impleader, lets a defendant pull in someone who isn't yet part of the lawsuit but who might have to cover all or part of what the defendant owes the plaintiff. CPLR 1007(a) opens that door once the defendant has served an answer: the defendant, now called the third-party plaintiff, files a third-party summons and complaint with the clerk in the county where the main action is pending, using the same index number rather than opening a new case file, though a separate fee applies. The new party, the third-party defendant, must be served within twenty days of filing, along with copies of everything already filed in the main action, and the original plaintiff's attorney gets a copy of the third-party complaint the moment it goes out for service.
Timing matters. Subdivision (b) gives a defendant ninety days after serving its answer to file the third-party complaint without asking the court's permission; after that, a court order is required. Subdivision (c) closes the door further once a note of issue has been filed -- at that point, a third-party complaint needs good cause or an interest-of-justice showing to get filed at all. File outside these windows without the required order, and subdivision (d) calls for severance or dismissal without prejudice.
Subdivision (e) carves out an exception for a common fact pattern in workplace injury cases: a defendant or third-party defendant can bring in the plaintiff's employer without a court order, within ninety days of learning the employer's identity or of learning that the plaintiff suffered a grave injury as the Workers' Compensation Law defines that term, whichever comes later. That exception exists because employer identity or the severity of an injury sometimes surfaces well after the general ninety-day window in subdivision (b) has closed. Subdivision (f) closes out one more move: once a third-party action gets severed and refiled as a standalone case, no one can turn around and ask to consolidate it back with the original action.
Frequently Asked Questions
How do I file a third-party complaint in New York?
Under CPLR 1007(a), after serving your answer, you file a third-party summons and complaint with the clerk in the county where the main action is pending, using the existing index number, and serve the third-party defendant within twenty days along with copies of the prior pleadings.
How long do I have to file a third-party complaint in New York?
CPLR 1007(b) gives a defendant ninety days after serving its answer to file a third-party complaint without a court order; filing later requires the court's permission.
Can I still implead someone after a note of issue has been filed in New York?
Only with difficulty. CPLR 1007(c) bars a third-party complaint filed after a note of issue unless the defendant shows good cause or the interest of justice requires it.
What happens if I file a third-party complaint late without a court order?
CPLR 1007(d) provides that a third-party action filed in violation of the rule's timing requirements will be severed or dismissed without prejudice.
Can I bring an injured plaintiff's employer into a lawsuit in New York?
Yes, under a special rule. CPLR 1007(e) lets a defendant or third-party defendant implead the plaintiff's employer without a court order within ninety days of learning the employer's identity, or of learning the plaintiff suffered a grave injury under the Workers' Compensation Law, whichever comes later, even outside the general ninety-day window.
What is the difference between a third-party plaintiff and a third-party defendant?
The original defendant who files the third-party complaint is called the third-party plaintiff, and the new party brought into the case to answer that claim is called the third-party defendant, under the terms CPLR 1007(a) assigns them.
Advisory Committee Notes
There was no provision in New York for impleader or third-party practice prior to 1922. In that year a brief statute, suggested by the English practice, was passed. This statute was amended in 1923 and until 1946 was contained in subd 2 of § 193 of the CPA. This provision was unsatisfactory in that: (1) it required leave of court for a defendant to implead, allowed the plaintiff to object to the impleader before the bringing in of the third party and permitted an objection by the latter after he was brought in, (2) impleader was only allowed if the third party “is or will be liable” to the defendant, causing the courts to be illiberal in the grant of impleader by insisting that there must be identity of the claim of the plaintiff and the claim of the defendant against the third party, and (3) the third party was denied the right to interpose defenses against the claim of the original plaintiff.
In 1945, the Judicial Council made a study of the subject and submitted a new provision which remedied these defects. See 11 NY Jud Council Rep 58, 370 (1945); 12 id. at 46, 192 (1946); see also 17 id. at 65 (1951). This proposal was adopted and became CPA § 193-a.
The revised New York provision contained about twice as many words as Federal Rule 14. While § 193-a embodied most of the essential provisions of the Federal practice, there were the following differences: (1) the New York provision permitted a third-party action without leave of court which was subject to dismissal only after the appearance of the third party, (2) while impleader is discretionary under both systems, subdivision 4 of the New York section indicates the considerations for the exercise of this discretion and suggests possibilities of alternative disposition. It may be noted that the Federal advisory committee proposed amendments to Rule 14 in 1954 incorporating both of these New York features, although in somewhat terser language.
The new CPLR provisions follow with little change the provisions of CPA § 193-a. However, the provisions of subd 4 relative to special findings are omitted here; they are covered by the rules for verdicts and findings. Moreover, the requirement of verification of the complaint in subd 1 is eliminated and the expression “cause of action” changed to “claim.” The 1951 amendment to CPA § 193-a providing that third-party practice applies to actions in all courts of record is omitted since such provisions are included in the general rule on scope or applicability of the new CPLR. It should be noted that it has recently been held that the state cannot bring in a third-party defendant in the Court of Claims. Haroch v New York, 286 App Div 303, 143 NYS2d 327 (3d Dept 1955).
CPLR 1007 and 1009 relate to the procedures of third-party practice, whereby, after defendant’s service of the third-party complaint, the plaintiff may amend his or her complaint to assert any claim the plaintiff may have against the third-party defendant. The existing provisions are imprecise in specifying the time frames and other details of the procedure by which the plaintiff may proceed, with full knowledge of all pleadings and without leave of court, to assert any claim he or she may have against the third-party defendant.
Therefore, the sentence of CPLR 1007 providing for service by defendant of a copy of the third-party complaint on plaintiff’s attorney would be amended to provide that such service be made simultaneously upon issuance for service of the third-party complaint upon the third-party defendant. CPLR 1009 would be amended to provide that service of the answer to the third-party complaint upon plaintiff’s attorney commences the 20-day period within which the plaintiff may properly amend the complaint without leave of court to assert any claim the plaintiff may have against the third-party defendant.
The clarification of these technical niceties of timeliness and service of pleadings is crucial to the preservation of plaintiff’s right to amend as of right his complaint so as to assert against the third-party defendant any claim which all relevant pleadings may give rise to.
These changes are not intended to affect existing or evolving decisional law with regard to whether or not the plaintiff’s cause of action against the third-party defendant is barred by an applicable statute of limitations.
This proposal is based upon recommendations made to the Advisory Committee by the Association of Justices of the Supreme Court.
Amendment History
Add, L 1962, ch 308; amd, L 1962, ch 315, § 2; L 1984, ch 329, § 1; L 1992, ch 216 § 9, eff July 1, 1992; L 2025, ch 704, § 2, effective April 18, 2026; L 2026, ch 79, § 1, effective April 18, 2026.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: CPLR 1007 New Yorkthird-party complaint New Yorkimpleader New Yorkhow to implead a defendant in New Yorkthird-party practice CPLRbringing in employer as third-party defendant New Yorkninety day deadline third-party complaint New York