CPLR 1008 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 1007 When third-party practice allowed up ARTICLE 10 Parties Generally next SECTION 1009 Claim by plaintiff against third-party defendant Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 1008 Answer of third-party defendant; defenses Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 10 § 1008. Answer of third-party defendant; defenses. The third-party defendant shall answer the claim asserted against him or her by serving copies of his or her answer upon the third-party plaintiff. The third-party defendant may assert against the plaintiff in his or her answer any defenses which the third-party plaintiff has to the plaintiff's claim except an objection or defense that the summons and complaint, summons with notice or notice of petition and petition was not properly served, or that jurisdiction was not obtained over the third-party plaintiff. The third-party defendant shall have the rights of a party adverse to the other parties in the action, including the right to counter-claim, cross-claim and appeal.