The AVOID Act and Its Impact on New York Civil Litigators

On December 19, 2025, Kathy Hochul signed the Avoid Vexatious Overuse of Impleading to Delay Act, known as the AVOID Act, into law. This marks a significant reform in New York civil litigation and directly impacts third party practice under CPLR §1007 in New York.

The new statute is an important development for personal injury attorneys and civil litigators who need to comply with updated time limits for bringing third party claims. These changes apply to a wide range of cases pending in New York State courts, including construction accident claims under the Labor Law and other personal injury matters.

The law introduces firm deadlines for when defendants may file third party complaints. This represents a meaningful shift in litigation strategy and practice across New York. In the past, defendants sometimes waited until the end of discovery or after depositions to implead subcontractors, insurers, or other potential tortfeasors. That approach will no longer be permitted under the new framework.

Consider a construction accident scenario. A worker is injured on a job site and files a personal injury lawsuit against a general contractor. Under the AVOID Act, the general contractor must bring any third party action against a subcontractor within the required statutory timeframe. If it fails to do so, potential claims for indemnification or contribution may be barred. Traditionally, impleader practice under CPLR §1007 allowed more flexibility. Beginning in 2026, that flexibility is significantly reduced.

Now, just as plaintiffs must strictly comply with statutes of limitations, defendants and third party defendants must adhere to specific CPLR mandated deadlines. Under the amended CPLR §1007(b), a defendant generally has sixty days after serving an answer to implead a third party when liability arises from a contractual relationship. Alternatively, the defendant has sixty days from the time it becomes aware that another entity or individual may be liable for all or part of the plaintiff’s claim. A third party defendant typically has forty five days to implead another party, with even shorter timeframes for additional impleaders.

By enacting the AVOID Act, the New York State Legislature has taken steps to reduce litigation delays, limit late stage impleaders, and promote more efficient case management in the New York State courts. In personal injury cases, delayed third party practice has historically added years to litigation timelines. For example, a plaintiff prepared to file a note of issue after completing discovery could face significant delay if a defendant brought in new parties at the last minute. The new deadlines are designed to prevent that type of disruption, curb discovery abuse, and keep cases moving forward in a timely manner.

The AVOID Act takes effect 120 days after it became law and will apply to pending cases, except for third party summonses and complaints that were filed and served before the effective date.

Certain exceptions to these deadlines may apply under the amended CPLR §1007. The Senate bill amending CPLR §1007, signed by Governor Hochul, is publicly accessible for review here.

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