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United States · New York civil procedure

When must a private New York settling defendant pay?

CPLR 5003-a(a) requires a private settling defendant or covered insurer to pay within twenty-one days after qualifying tender of the required papers.

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Period
21 days
Trigger
Qualifying tender of the duly executed release and plaintiff-executed discontinuance stipulation
Rule
CPLR 5003-A(a), (d)-(g)
CPLR 5003-A(a), (d)-(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(a), (d)-(g) requirement?

Confirm the defendant or insurer belongs in subdivision (a), not the municipality or State payment branches.

Retain both duly executed papers and qualifying personal delivery or registered/certified return-receipt mailing. Include any required settlement-approval order.

Responsible actor. The private settling defendant or insurer covered by subdivision (a). A settled damages action under subdivision (a), with complete qualifying tender, including the approval order when required.

CPLR 5003-A(a), (d)-(g)

How is the stated statutory period counted?

  1. Confirm the defendant or insurer belongs in subdivision (a), not the municipality or State payment branches.
  2. Retain both duly executed papers and qualifying personal delivery or registered/certified return-receipt mailing. Include any required settlement-approval order.
  3. Exclude the established event day and count every intermediate calendar day under GCL 20.
  4. Pay all sums due within the period. Preserve the qualifying tender and actual payment evidence. Ordinary email transmission is not presumed statutory tender.

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

A settled damages action under subdivision (a), with complete qualifying tender, including the approval order when required. Fictitious established facts. A settled damages action under subdivision (a), with complete qualifying tender, including the approval order when required.

Example counting steps
StepWhat is countedDate
Established procedural eventQualifying tender of the duly executed release and plaintiff-executed discontinuance stipulationSeptember 1, 2026
Disclosed statutory component21 daysTuesday, September 22, 2026
Example resultTuesday, September 22, 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.

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Which facts change this requirement?

Tender method
Subdivision (g) specifies personal delivery or registered/certified mail with return receipt requested.
Judicial approval
Where required, tender the approval order with the release and stipulation under subdivision (d).
Excluded settlements
Insurance Law article 74 settlements and future structured-settlement installments are excluded under subdivision (f).
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(a), (d)-(g)
  • A settled damages action under subdivision (a), with complete qualifying tender, including the approval order when required.
  • Use only the disclosed statutory component. Establish every omitted branch separately.

Which completed acts and evidence should be retained?

Questions about CPLR 5003-A(a), (d)-(g)

When must a private New York settling defendant pay?

Does signing the settlement alone start twenty-one days?

No. This branch starts after qualifying tender of the required completed papers.

CPLR 5003-A(a), (d)-(g)

Does a municipal insurer receive ninety days?

No. The insurer uses subdivision (a)’s payment period.

CPLR 5003-A(a), (d)-(g)

Does missed payment create an automatic judgment?

Subdivision (e) permits the unpaid plaintiff to enter judgment with its stated additions. This calculator does not enter it.

CPLR 5003-A(a), (d)-(g)

Official procedural, counting and completion sources

Provisions used (7)
Provisions used in this guide
ProvisionPurpose
CPLR 5003-A(a), (d)-(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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