In a New York civil lawsuit, a defendant can use a procedural tool to bring another party into the case. This action, known as a third-party complaint, allows the defendant to assert that this new party is responsible for some or all of the plaintiff’s potential damages. It is a method for resolving related claims within a single legal action, promoting judicial efficiency.
What is a Third-Party Complaint in New York?
A third-party complaint, often called an “impleader,” is a legal filing initiated by a defendant in an existing lawsuit. This procedure is authorized by New York’s Civil Practice Law and Rules § 1007, which permits a defendant to act against a person not yet involved in the lawsuit.1N.Y. Public Law. N.Y. Civil Practice Law & Rules Section 1007 – When Third-Party Practice Allowed (2025) The primary purpose is to address claims of liability that pass from one party to another.
The original defendant assumes the title of “third-party plaintiff,” while the new party brought into the case is designated the “third-party defendant.” This mechanism is used when the defendant believes that if they are found liable to the original plaintiff, the third-party defendant is, in turn, liable to them for that same claim.
Essentially, the defendant is not denying their potential liability to the plaintiff but is arguing that another party should ultimately bear the cost. The third-party action is considered an extension of the main action and proceeds under the same case, although it requires a separate filing fee.
Common Reasons for Filing a Third-Party Complaint
The legal grounds for filing a third-party complaint fall into two main categories: indemnification and contribution. Indemnification is a claim that another party has a duty to cover the defendant’s losses entirely. This duty can arise from an explicit contract, where one party formally agrees to hold another harmless, or it can be implied by law, based on the relationship between the parties. For instance, a general contractor sued for a worksite injury might implead a subcontractor if their agreement contained a clause requiring the subcontractor to cover such liabilities.
Contribution, on the other hand, is based on the idea of shared fault. It applies when multiple parties are allegedly responsible for causing the same injury to the plaintiff. A defendant may file a third-party complaint to seek contribution from another party, arguing that they should pay their proportionate share of the damages.2NYSenate.gov. N.Y. Civil Practice Law & Rules § 1401 – Claim for Contribution For example, if a driver is sued after a multi-car accident, they might file a third-party complaint against another driver involved, claiming that driver’s negligence also contributed to the collision and any resulting injuries.
Key Information and Allegations for Your Third-Party Complaint
When preparing a third-party complaint, you must gather specific information to ensure the document is legally sufficient. The document must contain the full legal names and current addresses for both the third-party plaintiff and the person or entity you are bringing into the lawsuit, the third-party defendant. It is also necessary to clearly reference the original lawsuit by including the court’s name, the assigned index number, and the names of the original plaintiff and defendant.
The core of the complaint consists of the factual allegations. You must include a concise summary of the claims the original plaintiff made against you. Following that, you need to state specific, numbered paragraphs that detail why the third-party defendant is liable to you for those claims, connecting to legal grounds like indemnification or contribution.
The complaint must conclude with a “prayer for relief,” which is a clear statement of what you are asking the court to award. This requests a judgment against the third-party defendant for any amount of money you might be ordered to pay the original plaintiff. While official court forms may be available, the content must be carefully tailored to the unique facts of your situation.
The Process of Filing and Serving a Third-Party Complaint in New York
The first step is to file the third-party summons and complaint with the clerk of the same court where the original lawsuit is pending. In many New York courts, this is done electronically through the New York State Courts Electronic Filing (NYSCEF) system, though paper filing may be an option in certain courts. A filing fee is required to initiate the third-party action.
After filing, the next step is to formally serve the third-party summons and complaint on the new third-party defendant. This service must adhere to the methods outlined in the New York CPLR and be completed within 120 days of filing the complaint.3N.Y. Public Law. N.Y. Civil Practice Law & Rules Section 306-B – Service of the Summons and Complaint
You are also required to serve copies of the filed third-party complaint on the attorneys for all existing parties in the lawsuit. Finally, you must file proof of service with the court for all parties served, which is a sworn statement detailing when and how each party received the documents.
After the Third-Party Complaint is Served
Once the third-party defendant has been properly served, they have a limited amount of time to formally respond. The third-party defendant must file an “Answer” to the complaint within a specific timeframe, usually 20 or 30 days depending on the method of service. This Answer addresses the allegations made by the third-party plaintiff and may assert defenses.
The third-party defendant may also choose to file a motion to dismiss the third-party complaint, arguing that it is legally insufficient for reasons such as a lack of a valid claim for indemnification or contribution.4N.Y. Public Law. N.Y. Civil Practice Law & Rules Section 3211 – Motion to Dismiss
If the third-party complaint is not dismissed, the new claim becomes integrated into the original lawsuit. This means that discovery, motions, and other pretrial procedures will involve all parties, including the third-party defendant.