The court may dismiss a third-party complaint without prejudice, order a separate trial of the third-party claim or of any separate issue thereof, or make such other order as may be just. In exercising its discretion, the court shall consider whether the controversy between the third-party plaintiff and the third-party defendant will unduly delay the determination of the main action or prejudice the substantial rights of any party.
R 1010.Dismissal or separate trial of third-party complaint.
Article 10. Parties Generally · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 1010 lets a New York court dismiss a third-party complaint without prejudice or order a separate trial of the third-party claim, weighing whether that claim would unduly delay the main case or prejudice any party's substantial rights.
Full Text of CPLR 1010
Plain-English Summary
Bringing in a third-party defendant can complicate a case rather than simplify it, and CPLR 1010 gives the court tools to manage that risk. The court can dismiss a third-party complaint without prejudice, order the third-party claim -- or any distinct issue within it -- to be tried separately from the main action, or fashion some other order suited to the case in front of it.
The rule doesn't leave that choice to guesswork. It directs the court to weigh whether the dispute between the third-party plaintiff and the third-party defendant will unduly delay resolution of the main action, or prejudice the substantial rights of any party. A third-party claim that turns on complicated facts unrelated to the plaintiff's underlying case, for instance, might be better resolved on its own timeline.
Dismissal under this section is without prejudice, so the third-party plaintiff isn't shut out of pursuing the claim -- just out of pursuing it inside this particular lawsuit. That gives the court room to keep the main case moving without permanently foreclosing a valid claim for contribution or indemnification.
Frequently Asked Questions
Can a New York court dismiss a third-party complaint?
Yes. CPLR 1010 lets the court dismiss a third-party complaint without prejudice if pursuing it alongside the main action would cause undue delay or prejudice a party's substantial rights.
Can a third-party claim be tried separately from the main case in New York?
Yes. CPLR 1010 lets the court order a separate trial of the third-party claim, or of any distinct issue within it, rather than trying everything together.
What factors does a court weigh under CPLR 1010?
The court considers whether the controversy between the third-party plaintiff and the third-party defendant will unduly delay the main action or prejudice the substantial rights of any party.
Is dismissal of a third-party complaint under CPLR 1010 permanent?
No. Dismissal under CPLR 1010 is without prejudice, so the third-party plaintiff can pursue the claim in a separate action even after it's been dismissed from the main case.
Why would a court sever a third-party claim in New York?
A court might sever a third-party claim under CPLR 1010 when the issues between the third-party plaintiff and third-party defendant are complex or unrelated enough that trying them together would slow down or complicate the plaintiff's case.
Advisory Committee Notes
This rule is derived from CPA § 193-a(4), substantially unchanged. The provision that the bringing in of a third-party defendant shall be freely allowed has been added to discourage the dismissal of third-party complaints at the pleading stage on the ground that the principal defendant was guilty of active negligence when this point is controverted by the principal defendant. On the other hand, the principle of Fox v Western New York Motor Lines, Inc. 257 NY 305, 178 NE 289 (1931), that CPA § 211-a does not authorize enforcement of contribution against a joint tortfeasor by means of third-party practice, is not disturbed. No change is contemplated in § 211-a, which belongs in the practice act.
Amendment History
Formerly § 1010, add, L 1962, ch 308; amd, L 1962, ch 315, § 1, eff Sept 1, 1963.
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 1010 New Yorkdismiss third-party complaint New Yorkseparate trial third-party claim CPLRsevering third-party defendant New Yorkundue delay third-party complaint New Yorkimpleader dismissal New Yorkthird-party practice case management CPLR