Which document is filed by a defendant to bring in a nonparty as a separate party to the dispute?

• A. Cross-claim
• B. Stipulation of discontinuance
• C. Third-party complaint
• D. Affidavit of Service

Answer: (C)

In New York civil procedure, bringing in a nonparty as a separate party to an ongoing dispute is done through third-party practice. A defendant who believes a nonparty is or may be liable to them for all or part of the plaintiff’s claim files a third-party complaint. This action creates a new party—the third-party defendant—within the same action, allowing the defendant to seek indemnity or contribution and to proceed against that nonparty under the same case.

The other options don’t fit this purpose. A cross-claim is a claim by one defendant against another co-defendant in the same action, not against a nonparty. A stipulation of discontinuance ends the case or a part of it. An affidavit of service documents that service of process was properly carried out, but it doesn’t bring in a new party.