§657-7.5  Third-party defendants, time in
which plaintiff may amend.  When a defendant, against whom action has been
timely brought, brings in a third-party defendant who is or may be liable to
the defendant or to the plaintiff for all or part of the plaintiff's claim
against the defendant, plaintiff within thirty days after the date of filing of
the third-party defendant's answer, may assert against the third-party
defendant any claim, arising out of the original transaction or occurrence that
is also the subject matter of the third-party plaintiff's claim against the
third-party defendant, which would have been timely if the third-party
defendant had been joined originally as a defendant, notwithstanding any
statutory period of limitations otherwise applicable to plaintiff's claim. 
Nothing herein shall preclude the plaintiff from asserting any claim which the
plaintiff might have asserted without the benefit of this section. [L 1972, c
186, §2; gen ch 1985]



 



Case Notes



 



  Section does not preclude identification on the record of
John Doe defendants after 30 days from the filing of a third-party complaint
naming them.  2 H. App. 373, 636 P.2d 1352.