New York civil litigation attorneys are preparing for a
significant shift as the Avoiding Vexatious Overuse of Impleading
to Delay Act (the “AVOID Act”) takes effect. The
legislation amends New York Civil Practice Law and Rules 1007 and
imposes strict, shorter timelines for bringing third-party claims
in civil litigation.
New York Governor Kathy Hochul signed the AVOID Act into law on
December 19, 2025. It is scheduled to take effect on April 18,
2026. It is important to note that the statute is expected to apply
not only to cases filed after the effective date, but also
to pending litigation that has not yet reached final
disposition.
The AVOID Act was drafted in response to longstanding concerns
that defendants were adding third-party defendants late in
litigation, sometimes years after a case was filed. This often led
to reopened depositions, expanded discovery demands, delays, and an
increased cost in litigation.
