Rule 1011. Successive third-party proceedings; counterclaims. A third-party defendant may proceed pursuant to section 1007 against any person who is or may be liable to him for all or part of the third-party claim. When a counterclaim is asserted against a plaintiff, he may proceed pursuant to section 1007 as if he were a defendant.

Terms Used In N.Y. Civil Practice Law and Rules 1011

  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Plaintiff: The person who files the complaint in a civil lawsuit.