CPLR 5003-a requires a settling defendant to pay all sums due to the settling plaintiff "within twenty-one days of tender, by the settling plaintiff to the settling defendant, of a duly executed release and a stipulation discontinuing [the] action executed on behalf of the settling plaintiff." Where a release and stipulation of discontinuance are tendered by mail, the 21-day period is measured from the receipt of those documents. If the settling defendant fails to pay all sums due to the settling plaintiff within 21 days after the tender of the required documents, the statute authorizes the plaintiff to enter, without further notice, a "judgment . . . for the amount set forth in the release, together with costs and lawful disbursements, and interest."
Levine v. American Multi-Cinema, Inc., NY Slip Op 05207 (2d Dep't September 21 2022)
