Enacts the avoiding vexatious overuse of impleading to delay (AVOID) act

Latest action Dec 19, 2025

Enacts the "avoiding vexatious overuse of impleading to delay (AVOID) act" which relates to time frames for certain court filings.

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Where it stands

Signed into law.

Introduced
In committee
Up for a vote
Passed one chamber
Passed
Enacted

New York State Senate

Same as A8728, the matching bill in the Assembly.

Committee

Judiciary · New York State Assembly

Also referred to Judiciary · New York State Senate, Ways and Means · New York State Assembly.

Purpose, from the sponsor's memo

This bill establishes time limits in a civil action as to when defend- ants must implead so-called "third-party defendants" into the action that may be in whole or in part liable to them for the plaintiff's claim, and as to when those third-party defendants must implead subse- quent third-party defendants. The time limits ensure that defendants and third-party defendants implead all necessary parties within a year of the filing of the action and prevent defendant from deliberately post- poning the impleading of known or identifiable parties to delay the litigation.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Recorded votes

Vote: Floor vote
NY SenateJun 13, 2025Result: passed
(59) (0) (0) (4)
Vote: Committee vote · Rules
Senate RulesJun 12, 2025Result: passed
(20) (0) (0) (1)

The sponsor's argument

Why Joseph P. Addabbo Jr. says this is needed

A defendant who is sued may implead or "vouch in" any other persons or legal entities that may be in whole or in part liable to the defendant for the plaintiff's claim. The right is codified in section 1007 of the CPLR. However, section 1007 is silent regarding the timetable for impleading such parties. Clever defendants have thus developed an egregious strate- gy to add years to any case and, during that respite, avoid financial accountability. These defendants deliberately delay the case by implead- ing known or identifiable third-party defendants into a case on a roll- ing basis, one after another after another etc. Each time a new third- party defendant is added to the case, the newly added party has the right to depose all the parties that have already been deposed, as well as asking for document discovery that has already been produced. The newly added party can also serve additional document requests tailored to the pertinent liability issues concerning the newly added person or legal entity. Discovery begins anew when a party joins a case

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Full history

Dec 19, 2025
Approval MEMO.80
APPROVAL MEMO.80
NY Senate
Dec 19, 2025
Signed
SIGNED CHAP.704
NY Senate
Dec 8, 2025
Sent to the executive
DELIVERED TO GOVERNOR
NY Senate
Jun 13, 2025
Sent to the executive
DELIVERED TO ASSEMBLY
NY Senate
Jun 13, 2025
Ordered to Third Reading Rules CAL.692
ORDERED TO THIRD READING RULES CAL.692
NY Assembly

Show full history (13 earlier events)

Jun 13, 2025
Passed a chamber
PASSED ASSEMBLY
NY Assembly
Jun 13, 2025
Passed a chamber
PASSED SENATE
NY Senate
Jun 13, 2025
Referred to committee
REFERRED TO WAYS AND MEANS
NY Assembly
Jun 13, 2025
Substituted
SUBSTITUTED FOR A8728
NY Assembly
Jun 12, 2025
In committee
COMMITTEE DISCHARGED AND COMMITTED TO RULES
NY Senate
Jun 12, 2025
Ordered to Third Reading CAL.2011
ORDERED TO THIRD READING CAL.2011
NY Senate
Jun 12, 2025
Reported out of committee
REPORTED
NY Assembly
Jun 12, 2025
Rules Report CAL.692
RULES REPORT CAL.692
NY Assembly
Jun 11, 2025
Reported out of committee
REPORTED REFERRED TO RULES
NY Assembly
Jun 10, 2025
Reference Changed to Ways and Means
REFERENCE CHANGED TO WAYS AND MEANS
NY Assembly
Jun 2, 2025
Referred to committee
REFERRED TO JUDICIARY
NY Assembly
May 21, 2025
Amend and Recommit to Judiciary
AMEND AND RECOMMIT TO JUDICIARY
NY Senate
May 15, 2025
Referred to committee
REFERRED TO JUDICIARY
NY Senate

About this record

Summary: The summary comes from NY Open Legislation, the New York State Senate's public record. For more, see How we handle summaries.
Source: From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 22, 2026. About our data

Read the record

Read on NY Senate (opens in a new tab) The official record on nysenate.gov.

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