Third-Party Summons
(NY)

Summary

This third-party summons is a standard form that attorneys can use to notify a third-party defendant of a civil action in New York Supreme Court. It includes practical guidance and drafting notes. After or at the same time as the defendant serves his or her answer, he or she may file a third-party summons and complaint against a nonparty who is or may be liable to the defendant for all or part of the plaintiff's claims against that defendant. See N.Y. C.P.L.R. § 1007. You must file the third-party summons and complaint in the county in which the main action is pending. See N.Y. C.P.L.R. § 1007. Your summons must inform the third-party defendant of the time to appear and answer or move against your third-party complaint. If your case has multiple third-party defendants, you can draft: • A third-party summons for each individual third-party defendant –or– • One third-party summons to all third-party defendants jointly You must still serve each third-party defendant with a copy of the summons. You must also simultaneously serve a copy of the third-party summons and complaint upon plaintiff's counsel. You must serve the third-party summons and complaint—along with all prior pleadings served in the action—within 120 days after you filed the third-party action. See N.Y. C.P.L.R. § 306-b. For a full listing of key content covering fundamental civil litigation tasks throughout a New York court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (NY). For more information on summonses and commencing a civil action in New York Supreme Court, see Commencing a Lawsuit: Drafting the Summons and Complaint (NY) and Commencing a Lawsuit: Alternatives to Summons and Complaint (NY). For more information on serving process, see Commencing a Lawsuit: Serving Process (NY). For checklists on the procedures for serving process, see Commencing a Lawsuit: Serving Process on a Natural Person Checklist (NY) and Commencing a Lawsuit: Serving Process on the New York Secretary of State Checklist (NY).