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ARTICLE · 02 JANUARY 2026

The New York State Legislature Has Drastically Changed Third-Party Practice

Lewis Brisbois Bisgaard & Smith LLP
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On December 19, 2025, Governor Kathy Hochul signed the "Avoiding Vexatious Overuse of Impleading to Delay (AVOID) Act" into law, drastically changing third-party practice in New York...

United StatesLitigation, Mediation & Arbitration
Shawn Schatzle
Shawn Schatzle
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New York, N.Y. (December 24, 2025) - On December 19, 2025, Governor Kathy Hochul signed the "Avoiding Vexatious Overuse of Impleading to Delay (AVOID) Act" into law, drastically changing third-party practice in New York (see L 2025, ch 704; 2025 N.Y. Senate Bill S8071A; 2025 N.Y. Assembly Bill A08728). The AVOID Act amends Civil Practice Law and Rules (CPLR) § 1007 – the primary statute regulating third-party practice – by establishing new time limits for the commencement of third-party actions. The new law does not take effect for a few months, however, as discussed in further detail below. Attorneys, insurers, and risk management professionals should all familiarize themselves with the new standards before the effective date, so as to avoid potentially negative consequences flowing from a failure to comply.

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