CPLR § 1010

Dismissal or separate trial of third-party complaint

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.

Official sourcehttps://www.nysenate.gov/legislation/laws/CVP/1010

In plain English

The court may dismiss the third-party complaint without prejudice, order a separate trial, or make other just orders — considering whether the third-party controversy would unduly delay the main action or prejudice any party.

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 2 — The JG-22 CPLR and in Volume 1 — The JG-22 in Plain English.