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 counter-claim, cross-claim and appeal.
§ 1008.Answer of third-party defendant; defenses
Article 10. Parties Generally · Last amended 2011 · Last verified July 21, 2026
In one sentenceCPLR 1008 requires a third-party defendant to answer the third-party plaintiff's claim, lets it raise against the original plaintiff any defense the third-party plaintiff could have raised except service and jurisdiction objections, and gives it full party rights, including counterclaims, cross-claims, and appeal.
Full Text of CPLR 1008
Plain-English Summary
Once a third-party defendant is brought into a case under CPLR 1007, it has to respond, and CPLR 1008 sets the terms. The third-party defendant answers the third-party plaintiff's claim by serving that answer on the third-party plaintiff. But the section does more than require an answer -- it lets the third-party defendant borrow defenses. In that same answer, it can raise against the original plaintiff any defense the third-party plaintiff could have raised against the plaintiff's claim.
That borrowing has one limit: the third-party defendant can't raise an objection that the summons and complaint, or the summons with notice, or the notice of petition and petition, was improperly served on the third-party plaintiff, or that the court never got jurisdiction over the third-party plaintiff. Those defenses belong to the third-party plaintiff alone, since they turn on how that party was brought into the case, not on the merits of the underlying claim.
Beyond answering and borrowing defenses, the third-party defendant becomes a full participant in the litigation. CPLR 1008 gives it the rights of a party adverse to everyone else in the case, including the right to counterclaim, cross-claim, and appeal, just as any other defendant would have.
Frequently Asked Questions
Does a third-party defendant have to answer in New York?
Yes. CPLR 1008 requires the third-party defendant to answer the claim against it by serving that answer on the third-party plaintiff.
Can a third-party defendant raise the original defendant's defenses in New York?
Yes. CPLR 1008 lets a third-party defendant assert against the plaintiff any defense the third-party plaintiff has to the plaintiff's claim, with narrow exceptions for service and jurisdiction objections that belong to the third-party plaintiff.
Can a third-party defendant challenge service of process on the original defendant?
No. CPLR 1008 specifically excludes objections that the summons and complaint were improperly served on the third-party plaintiff, or that jurisdiction over the third-party plaintiff was never obtained, from the defenses a third-party defendant may borrow.
Can a third-party defendant file a counterclaim in New York?
Yes. CPLR 1008 gives a third-party defendant the rights of a party adverse to the other parties in the action, including the right to counterclaim, cross-claim, and appeal.
Who does a third-party defendant serve its answer on in New York?
Under CPLR 1008, the third-party defendant serves its answer on the third-party plaintiff, the party that brought it into the case.
Advisory Committee Notes
This section follows CPA § 193-a(2) except that the manner of service of pleadings is omitted. See new CPLR § 3012 for the general rule as to service of pleadings. Requirement of service of copy of answer on plaintiff deleted as unnecessary. The plaintiff, as well as every other party who has appeared, must be served by virtue of new CPLR rule 2103(e). Remainder of first sentence, and phrase “For the purpose of contesting plaintiff’s claim against the third-party plaintiff” in last sentence, deleted as unnecessary. Provision regarding assertion of counterclaim transferred to this section, with the effect of dispensing with the limitation that the third-party defendant may assert a counterclaim against the plaintiff only if the latter has amended his complaint to assert a claim against him. Last sentence clarified by adding language expressly indicating that the third-party defendant has the rights of a party adverse to the “other parties in the action,” including the right to “cross-claim.”
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963; amd, L 2011, ch 264, § 1, eff Aug 3, 2011.
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 1008 New Yorkthird-party defendant answer New Yorkdefenses of third-party defendant New Yorkcan third-party defendant counterclaim New Yorkresponding to a third-party complaint New Yorkthird-party defendant rights CPLRimpleader answer New York