Practice point: If a defendant fails to pay the settlement amount within 21 days of tender of the required documents, plaintiff, without further notice, may enter a judgment for the amount, as well as interest, costs and disbursements, pursuant to CPLR 5003-1(e).
Students should note that where the release and stipulation of discontinuance are tendered by mail, the 21-day period is measured from their receipt.
Case: Klee v. America's Best Bottling Co., Inc., NY Slip Op 06361 (2d Dept. 2010)
Here is the opinion.
Tomorrow's issue: Torts.
