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United States · New York civil procedure

When must a New York municipality pay a settled damages claim?

CPLR 5003-a(b) gives a municipality or qualifying non-State-indemnified public corporation ninety days after tender. Its insurer still uses twenty-one days.

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Period
90 days
Trigger
Qualifying tender to this defendant of the complete executed settlement papers
Rule
CPLR 5003-A(b)-(g)
CPLR 5003-A(b)-(g)

Current official provision, website revision from 2014-09-22. Reviewed. A revision label is not an inferred effective date.

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Which event starts the CPLR 5003-A(b)-(g) requirement?

Verify the settling defendant’s identity and indemnification classification.

Preserve qualifying tender of the release and plaintiff-executed discontinuance stipulation, plus the approval order if required.

Responsible actor. The qualifying municipality, subdivision or non-State-indemnified public corporation. Subdivision (b)’s municipality or non-State-indemnified public-corporation branch, excluding its insurer and the State-indemnified branch.

CPLR 5003-A(b)-(g)

How is the stated statutory period counted?

  1. Verify the settling defendant’s identity and indemnification classification.
  2. Preserve qualifying tender of the release and plaintiff-executed discontinuance stipulation, plus the approval order if required.
  3. Exclude the established event day and count every intermediate calendar day under GCL 20.
  4. The qualifying public defendant must pay all sums due within ninety days. Retain tender and payment evidence separately.

GCL 20 excludes the established event day. These five-, ten-, fifteen-, twenty-, twenty-one-, thirty-, sixty- and ninety-day periods count intermediate calendar days. GCL 30 uses the corresponding calendar-month day, or the final day of a shorter month. GCL 58 defines a year as twelve months. GCL 25-a permits the next succeeding business day when the statutory final day is closed and expressly includes periods before which an act is required. The actual hearing or entry time and any different court direction remain separate checks. The independent calendar follows GCL 24 and Election Law 8-100. It includes Lincoln’s Birthday, the second Sunday in June as Flag Day, Juneteenth and general election day. GCL 24 adds the following day for a listed Sunday holiday except Flag Day. It does not generally move a Saturday holiday to Friday. Dates after 2027 are projections of the reviewed standing statute through 2033, not proof of future court openings. Check amendments, additional appointed holidays and actual closures separately.

The scoped calculators accept independently established events in 2026 and 2027 and projected final dates through 2033. They require the particular disclosed branch, no unsupported service-method addition, no unmodeled toll, no different actual court order and no additional closure. Earlier editions, historical tolls and outside dates require separate review and receive no computed or paid date. This software boundary does not establish that an act is legally late.

General Construction Law 20, event-day exclusion

What does the independently derived example establish?

Fictitious example

Subdivision (b)’s municipality or non-State-indemnified public-corporation branch, excluding its insurer and the State-indemnified branch. Fictitious established facts. Subdivision (b)’s municipality or non-State-indemnified public-corporation branch, excluding its insurer and the State-indemnified branch.

Example counting steps
StepWhat is countedDate
Established procedural eventQualifying tender to this defendant of the complete executed settlement papersSeptember 1, 2026
Disclosed statutory component90 daysMonday, November 30, 2026
Example resultMonday, November 30, 2026

Fictitious established facts. The date does not prove classification, valid service, jurisdiction, completed filing, a granted motion or an extension. Any earlier competing boundary, actual hour and future-calendar qualification still applies.

Try these dates in the calculator

Which facts change this requirement?

Insurer exception
The public defendant’s insurance carrier receives the subdivision (a) twenty-one-day period.
State indemnification
The State and specified State-indemnified defendants use subdivision (c)’s comptroller determination, not this tender clock.
Method and exclusions
Subdivision (g) defines tender; subdivision (d) addresses approval orders; subdivision (f) excludes article 74 and future structured installments.
Edition and projected calendar
The scoped calculators accept independently established events in 2026 and 2027 and projected final dates through 2033. They require the particular disclosed branch, no unsupported service-method addition, no unmodeled toll, no different actual court order and no additional closure. Earlier editions, historical tolls and outside dates require separate review and receive no computed or paid date. This software boundary does not establish that an act is legally late.
CPLR 5003-A(b)-(g)
  • Subdivision (b)’s municipality or non-State-indemnified public-corporation branch, excluding its insurer and the State-indemnified branch.
  • Use only the disclosed statutory component. Establish every omitted branch separately.

Which completed acts and evidence should be retained?

Questions about CPLR 5003-A(b)-(g)

When must a New York municipality pay a settled damages claim?

Do all government defendants get ninety days from mailing?

No. The classification and branch matter, and only statutory tender methods qualify.

CPLR 5003-A(b)-(g)

Does the State’s comptroller event apply to a municipality?

This subdivision (b) branch uses tender. Subdivision (c) has its own specified defendants and event.

CPLR 5003-A(b)-(g)

Can I use ordinary email tender here?

The statute defines personal delivery or registered/certified return-receipt mailing. This preset does not establish a different method.

CPLR 5003-A(b)-(g)

Official procedural, counting and completion sources

Provisions used (7)
Provisions used in this guide
ProvisionPurpose
CPLR 5003-A(b)-(g)The particular actor, event, period and required act
General Construction Law 20, event-day exclusionEvent-day exclusion
General Construction Law 30, corresponding calendar monthCorresponding month day and shorter-month end
General Construction Law 58, statutory yearStatutory year and leap-year treatment
General Construction Law 24, public holidaysStatutory public holidays
General Construction Law 25-a, closed final dayClosed final statutory day
Election Law 8-100(1)(c), general election dayGeneral election day
Read the official provision

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