Where less than all of the named defendants in an action based upon a joint obligation, contract or liability are served with the summons, the plaintiff may proceed against the defendants served, unless the court otherwise directs, and if the judgment is for the plaintiff it may be taken against all the defendants.
§ 1501.Actions against persons jointly liable; service of summons; judgment
Article 15. Actions Against Persons Jointly Liable · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 1501 lets a plaintiff proceed against whichever jointly liable defendants were served, even if others named in the case were not, and allows judgment to be entered against all defendants named in the action.
Full Text of CPLR 1501
Plain-English Summary
Suing everyone who might share joint liability on a contract or obligation doesn't always mean the plaintiff can get all of them served with process. CPLR 1501 keeps a case moving anyway: when less than all the named defendants are served, the plaintiff can proceed against the ones who were served, unless the court directs otherwise.
If the plaintiff wins, the judgment can be entered against all the named defendants, served or not -- though CPLR 1502 controls how that judgment gets enforced against a co-obligor who was never served and never had a chance to defend.
Frequently Asked Questions
Can a lawsuit proceed if not every defendant was served?
Yes. CPLR 1501 lets a plaintiff proceed against the defendants who were served, unless the court directs otherwise, even when other named defendants were never served.
Can a judgment name a defendant who was never served?
Yes. CPLR 1501 allows a judgment for the plaintiff to be taken against all the named defendants, including ones who were not served, though enforcing it against an unserved co-obligor's own property requires a further step under CPLR 1502.
What kind of claims does CPLR 1501 cover?
Actions based on a joint obligation, contract, or liability, where more than one defendant is named.
Can a court stop a case from proceeding against only the served defendants?
Yes. CPLR 1501 lets the court direct otherwise, so a judge retains discretion over whether the case should proceed piecemeal.
What happens to an unserved co-obligor named in the judgment?
The judgment names them, but reaching their individually held property for the unpaid balance requires a separate action under CPLR 1502.
Advisory Committee Notes
This section is taken from CPA § 1199. It is the basic provision in the article governing “Actions against persons jointly liable.” It allows the plaintiff to name as defendants, and obtain a judgment against, all the joint obligors, although service has not been made upon all of them, unless the court directs otherwise. See 11 NY Jud Council Rep 231 (1945); see also new CPLR § 1001; Compulsory Joinder of parties, in NY Temp Comm’n on the Courts Rep III, 233, 241–42, 250–51, Leg Doc 6(b) (1957). Such a judgment, however, is not enforceable against property owned individually by the defendants who were not summoned; it may be enforced only against individual property of the summoned defendants and property owned jointly by the co-obligors. New CPLR § 5201(b); CPA §§ 222-a, 1199. To implement this limitation on enforcement, new CPLR § 5018 requires that the judgment docket bear a notation of the defendants who were summoned. To the extent that partners are treated in the same way as joint obligors, these provisions are also applicable to partnerships.
Amendment History
Add, L 1962, ch 308, § 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: joint obligors New York lawsuitactions against persons jointly liableunserved defendant judgment New YorkCPLR 1501 service of summons