Section 1007. When third-party practice allowed  


Latest version.
  • After the service of his
      answer, a defendant may proceed against a person not a party who  is  or
      may be liable to that defendant for all or part of the plaintiff's claim
      against that defendant, by filing pursuant to section three hundred four
      of  this  chapter  a third-party summons and complaint with the clerk of
      the court in the county in which the main action is pending, for which a
      separate index number shall not be issued but a  separate  index  number
      fee  shall  be  collected. The third-party summons and complaint and all
      prior pleadings served in the action shall be served  upon  such  person
      within  one  hundred  twenty  days of the filing.  A defendant serving a
      third-party complaint shall be styled a third-party  plaintiff  and  the
      person  so served shall be styled a third-party defendant. The defendant
      shall  also  serve  a  copy  of  such  third-party  complaint  upon  the
      plaintiff's  attorney  simultaneously  upon  issuance for service of the
      third-party complaint on the third-party defendant.