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Geico General Insurance Company v. Rocco's Landscaping & Concrete, LLC

Motion Denied, Plaintiff Failed to Comply With CPLR 5003-a Methods of Service

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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 Replying Affidavits Exhibits Supplemental Affidavit DECISION/ORDER Upon the foregoing papers, defendant’s motion seeking an order directing the entry of judgment, is decided as follows: Plaintiff commenced an action seeking to collect for property damage arising out of a motor vehicle collision. Apparently the parties arrived at a settlement. Plaintiff sent releases and stipulations of discontinuance to the defendant by e-mail and regular mail. 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 action is received, Klee v. America’s Bert Bottling Co., Inc., 76 A.D.3d 544 (2nd Dept. 2010). However, the settling papers must be tendered by certified mail, registered mail, or in hand delivery, Nationwide v. Ramales, 2020 NY Slip Op 50931 (u) (Civil Ct. Queens Co., 2020). Since, the closing documents were only sent by regular mail and e-mail, the Court is unable to direct a judgment. The Motion is denied without prejudice. This constitutes the decision and order of the Court. Dated: July 19, 2024

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