21 days.

Under New York law (CPLR secton 5003-a), the defendant has twenty-one (21) days to mail the check from date it receives the settlement documents consisting of a general release agreement and a stipulation of discontinuance.  In cases involving an infant settlement or wrongful death, the Court Order approving the settlement must also be included with the general release agreement and the stipulation of discontinuance.

If the defendant in your case is the State of New York and the State is paying the settlement or Judgment from its general fund, the defendant has ninety (90) days to mail the settlement check measured from the date that the Comptroller has all of the documents “necessary to effectuate the settlement”.

Practice tip for the day: As soon as your case settles, you must make sure the settlement documents, i.e., general release agreement and stipulation of discontinuance, are sent to the defendant’s attorneys the same day by certified mail.  The mailing of these documents starts the clock ticking for the payment of the settlement or Judgment.

If you have any questions about the payment of a settlement or Judgment, I welcome your phone call on my toll-free cell at 1-866-889-6882 or you can send me an e-mail at jfisher@fishermalpracticelaw.com .