A cause of action for contribution may be asserted in a separate action or by cross-claim, counterclaim or third-party claim in a pending action.
§ 1403.How contribution claimed
Article 14. Contribution · Last amended 1974 · Last verified July 21, 2026
In one sentenceCPLR 1403 lets a party assert a contribution claim either as its own separate lawsuit or within a pending action, by cross-claim, counterclaim, or third-party claim.
Full Text of CPLR 1403
Plain-English Summary
CPLR 1403 keeps contribution practical by giving a party more than one way to raise it. A defendant already sued doesn't have to wait for a separate lawsuit against a co-defendant or an absent wrongdoer; the claim can be folded into the pending case as a cross-claim against a co-defendant, a counterclaim, or a third-party claim bringing in someone not yet part of the suit.
A separate action works too, which matters when the underlying case has already ended, or when practical reasons favor litigating contribution on its own. Either route enforces the same right created by CPLR 1401 and measured by CPLR 1402 -- this section addresses procedure, not substance.
Frequently Asked Questions
How do you bring a contribution claim in New York?
CPLR 1403 lets a party raise contribution in a separate lawsuit, or within a pending action as a cross-claim, counterclaim, or third-party claim.
Can a contribution claim be added to an existing lawsuit?
Yes. A defendant can assert contribution as a cross-claim against a co-defendant, a counterclaim, or a third-party claim against someone not yet in the case.
Do I need to file a new lawsuit to seek contribution?
Not necessarily. CPLR 1403 allows contribution to be pursued either in a new, separate action or within the pending case.
What's the difference between a cross-claim and a third-party claim for contribution?
A cross-claim reaches a co-defendant already in the case, while a third-party claim brings in a new party who wasn't previously sued but may share liability.
Does CPLR 1403 change who owes contribution?
Amendment History
Add, L 1974, ch 742, eff Sept 1, 1974.
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: how to claim contribution New Yorkcross-claim contribution New Yorkthird-party claim contribution CPLRCPLR 1403 procedure