On April 18, 2026, the Avoiding Vexatious Overuse of Impleading to Delay (AVOID) Act (the “Act”) will take effect in New York and significantly impact a defendant’s ability to engage in third-party practice in New York litigation. Enacted on December 19, 2025, and subsequently amended on February 13, 2026, the Act amends CPLR § 1007 by imposing strict deadlines for defendants to implead third parties. The Act is intended to curb the use of late impleader, which has been criticized as a defense delay tactic. Defendants will need to quickly identify potentially liable third-parties and file and serve third-party complaints within the strict time frame imposed by the Act.
Effective Date and Applicability: The Act takes effect April 18, 2026, and applies to all cases commenced on or after that date. Accordingly, actions that are currently pending or filed prior to April 18, 2026, are not subject to the new third-party practice deadlines.1
When Third-Party Claims Must be Filed: The Act imposes a 90-day deadline for defendants to implead third-parties. The 90-day window begins to run from the date the defendant serves its answer. A defendant may not file and serve any third-party summons and complaint more than 90 days after serving its answer without an order of the court.2 Further, if a note of issue has been filed, the defendant must show “good cause” or that the delayed commencement of a third-party action is “in the interest of justice.”3 Any third-party action filed in violation of this provision shall be severed or dismissed without prejudice.4 In addition, where a third-party action is severed or filed as a separate action, consolidation with the underlying action is not permitted.5
Practical Impact and Practice Pointers: The Act materially changes how and when third-party claims must be evaluated and asserted. Key considerations include:
- Prospective application: The Act applies only to cases commenced on or after April 18, 2026.
- Front-loaded investigation: Defendants should make best efforts to identify potential third parties at the outset rather than wait until discovery has commenced to make this determination.
- Court approval after 90 days: Defendants seeking to implead after the 90-day deadline must obtain leave of court and satisfy the “good cause” or “in the interest of justice” standard. This requires motion practice, creates the potential for delays, and carries the risk of denial. Proposed Scheduling Orders should specifically address additional time required for third-party practice as needed.
- More protective impleader: Defendants may be forced to implead all potentially liable third parties while still investigating claims or awaiting responses to tenders of defense.
- Consequences of noncompliance: Failure to timely implead may require a separate action and increase the defendant’s liability exposure in the main action.
- Note of issue is a firm cutoff: Once filed, third-party practice is significantly restricted absent a showing of good cause or that the late filing of a third-party complaint is in the interest of justice.
The AVOID Act represents a significant shift in current New York practice. Third-party claims must now be identified and asserted early or risk forfeiture. Defendants should adjust internal procedures to ensure compliance with the Act’s deadlines in all newly commenced actions.
Disclaimer: This publication is made available for educational purposes only and is not intended as legal advice. If you have questions about any matters in this publication, please contact the authors directly. General inquiries may be directed to info@nullcondonlaw.com.
1 See CPLR § 1007.
2 See CPLR § 1007 (b).
3 See CPLR § 1007 (c).
4 See CPLR § 1007(d).
5 See CPLR § 1007(f).