Recitation, as required by CPLR §2219 (a), of the papers considered in the review of this Motion Papers Numbered Notice of Motion and Affidavits Annexed 1 Order to Show Cause Answering Affidavits 2 Replying Affidavits Exhibits Supplemental Affidavit DECISION/ORDER Upon the foregoing papers, plaintiff’s motion seeking to enter a judgment, against defendant, pursuant to CPLR 5003.a, is decided as follows: Plaintiff commenced an action seeking to recover for no-fault medical expenses and for property damage arising from a motor vehicle collision. On March 27, 2023, the plaintiff sent a letter to defendant stating settlement of the complaint in the amount of $3,728.31 for the no-fault component, and $6,589.62 for the property damage. Releases and a stipulation of discontinuance accompanied the letter. Plaintiff’s attorney states that the property damage claim was paid, but the no-fault claim of $3,728.31 was not paid. Plaintiff sent a follow up letter, by certified mail and e-mail on May 19, 2023. CPLR §5003.a, was enacted in 1992 to encourage prompt payment of settlements. The statute requires payment of settlements within 21 days after the duly executed release and a stipulation discontinuing the action is received, Klee v. America’s Best Bottling Co., Inc. 76 A.D.3d 544 (2nd Dept. 2010). Defendant’s opposition does not dispute plaintiff’s assertions, but opposes the motion, since the closing papers were not tendered by certified mail, registered mail, or in hand delivery, pursuant to CPLR §5003.2 (g). It has been held that when tender is not made by certified mail, registered mail, or in hand delivery, a motion to enter a judgment for the failure to tender the settlement pay merit, within 21 days or receipt, can be denied, Nationwide v. Ramales, 2020 NY Slip Op 50931(u) (Civil Ct., Queens Co. 2020). Defendant does not deny receipt of the closing documents; nor that there was a settlement. The Court finds that plaintiff’s follow up letter, sent by certified mail on March 27, 2023, satisfies the statute. Plaintiff’s motion is granted in that the Clerk of the Court will enter judgment against the defendant, with statutory interest commencing on April 1, 2023. This constitutes the decision and order of the Court. Dated: July 9, 2024
