Johnson v. Equitable Life Assurance Society

Appellant’s claim of untimeliness grounded on CPLB 1009 is untenable. The rule provides: ‘ ‘ Within twenty days after service of the third-party complaint, the plaintiff may amend his complaint without leave of court to assert against the third-party defendant any claim he might have asserted if the third-party defendant had been joined originally as a defendant. ’ ’ Appellant may not rely on said rule, for it was not entitled to be notified of or be heard on plaintiff’s intention to join it as party defendant. (Schultze v. Ocean Acc. & Guar. Corp., 239 App. Div. 309, 311.)

Former subdivision…