CPLR 1010 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 1009 Claim by plaintiff against third-party defendant up ARTICLE 10 Parties Generally next SECTION 1011 Successive third-party proceedings; counterclaims Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 1010 Dismissal or separate trial of third-party complaint Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 10 Rule 1010. Dismissal or separate trial of third-party complaint. The court may dismiss a third-party complaint without prejudice, order a separate trial of the third-party claim or of any separate issue thereof, or make such other order as may be just. In exercising its discretion, the court shall consider whether the controversy between the third-party plaintiff and the third-party defendant will unduly delay the determination of the main action or prejudice the substantial rights of any party.