THE AVOID ACT AND ITS IMPACT ON NEW YORK CIVIL LITIGATORS

On December 19, 2025, New York State Governor Kathy Hochul signed the Avoid Vexatious Overuse of Impleading to Delay (“AVOID”) Act into law — a major New York civil litigation reform that affects third-party impleader practice under CPLR §1007 in New York. This new statute is a pivotal legal update for personal injury lawyers and civil litigators looking to remain compliant with the new time constraints to implead additional parties in civil litigation cases - including but not limited to in construction accident (Labor law) lawsuits and other personal injury cases - pending in New York State Courts.

The new law imposes strict deadlines on when defendants may file third-party complaints in civil litigation, a significant shift for New York legal practice and litigation strategy. In personal injury cases and civil lawsuits, the AVOID Act matters because defendants can no longer delay impleading subcontractors, insurers, or additional potential tortfeasors until the end of discovery or after depositions. For example, let’s imagine a construction worker, John Smith, is injured on a New York construction site and files a personal injury claim against General Contractor ABC. Under this new statute, ABC must initiate a third-party action against Subcontractor DEF within specified timeframes to avoid having potential indemnification or contribution claims barred. Traditionally, impleader practice under CPLR §1007 allowed more flexible timing, but those days are ending in 2026.

Now, just as plaintiffs must adhere to statutes of limitations, defendants and third-party defendants face strict, CPLR-mandated deadlines to bring third-party actions. Under the amended CPLR §1007(b), a defendant typically has sixty (60) days after serving an answer to implead a third-party defendant when liability arises from a contractual relationship, or within sixty (60) days of becoming aware that a legal entity or person may be liable to the defendant/third-party plaintiff for part or all of the plaintiff’s claim. Subsequent deadlines include 45 days for a third-party defendant to implead another party and shorter timeframes for additional impleaders.

By passing the AVOID Act, the New York Legislature may have curtailed significant civil litigation delays, reduced late impleaders, and ensured more efficient case management in the New York State Courts, particularly in personal injury lawsuits where delayed impleaders have historically added years to suit timelines. For instance, a plaintiff ready to file a note of issue after completing discovery may have faced years of delay if a defendant impleaded additional parties late in the process.  Now, with limited potential exceptions these deadlines restrict when impleaders may be filed, preventing discovery abuse and promoting timely litigation progress.

The AVOID Act goes into effect 120 days after becoming law and will apply to pending cases, but not to third-party summons and complaints filed and served before that date.

Certain exceptions to the above-referenced deadlines, as set forth in the amended CPLR §1007, may apply.  The Senate Bill amending CPLR §1007 which Governor Hochul signed is accessible here.

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