In a lawsuit, it isn’t unusual for a party to deploy certain tactics to delay the case for strategic reasons. Unfortunately, this can be abused, creating problems for the court system and the other side, as cases become more time-consuming and expensive to resolve. One solution to this problem was recently enacted in New York. On April 18, 2026, the new Avoiding Vexatious Overuse of Impleading to Delay Act (“AVOID Act”) became effective. While there are exceptions in the law, it does address a common maneuver that hindered progress in many cases.

AVOID Act

The AVOID Act (NY CPLR § 1007) was enacted to prevent defendants in civil actions from delaying litigation by filing a third-party complaint. Defendants used third-party complaints to bring a new person or entity into a lawsuit who is or may be liable to the defendant for all or part of the plaintiff’s claim(s).

Prior to the Act, defendants could file a third-party complaint even after the note of issue date, which invariably delayed the trial of an action. A note of issue is a document filed with the court that indicates the parties have completed discovery and are ready for trial.

The new law requires defendants to file a third-party complaint within 90 days from the day the initial answer to the plaintiff’s complaint was served.

Exceptions to the AVOID Act

The statute does enumerate certain exceptions. For example, CPLR § 1007(b) states that a defendant can serve and file a third-party complaint after the 90-day deadline if the court grants an order to allow it. However, no third-party complaint may be filed after the note of issue unless good cause is shown or when it would be in the interest of justice.

Another notable exception applies when the defendant is commencing a third-party action against the plaintiff’s employer. This could occur when the plaintiff was injured while working as an employee, such as a delivery driver who was hit by the defendant. In this situation, the defendant must file the third-party action within 90 days of discovering the employer’s identity or determining that the plaintiff sustained a grave injury as defined by the Worker’s Compensation Law, whichever is later.

The AVOID Act recognizes that third-party actions are appropriate and may need to be delayed in certain instances. A defendant can still bring in another party, but this must be done in a timely manner that complies with the law.

If you or someone you know is or may become a defendant in an action that involves third-party claims, do not hesitate to contact one of our trusted attorneys.