{"jurisdiction": "us-ny", "code": "cplr", "section": "1008", "citation": "CPLR § 1008", "heading": "Answer of third-party defendant; defenses", "text": ["§ 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."], "official_source": "https://www.nysenate.gov/legislation/laws/CVP/1008", "from_official_api": true, "plain_english": "The third-party defendant **answers** by serving the third-party plaintiff, and may assert against the **plaintiff** any defense the third-party plaintiff has — **except** a defense that service/jurisdiction over the third-party plaintiff was improper. The third-party defendant has full party rights: **counterclaim, cross-claim, and appeal.** ★", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cplr/1008", "publisher": "Elyphived LLC"}