Two years after commencing a personal injury accident, plaintiff settled. After counter executing the settlement documents, plaintiff’s counsel returned them to defendant’s counsel with a blank form W-9 for the payee’s information. The W-9 was never returned.
When the settlement payment was not paid in 21 days, under CPLR 5003-a, plaintiff’s counsel filed a judgment. Defendant moved to vacate the default, claiming that the IRS required the W-9 and the judgment was therefore improper. After the W-9 and settlement proceeds were exchanged, plaintiff still opposed vacatur. The lower court vacated.
Disagreeing with the First Department based on the underlying claims in this action, the Second Department held that because the W-9 was neither a release nor a stipulation of discontinuance discussed in CPLR 5003-a as the trigger for the deadline for a settling party to pay, the judgment was proper. Once plaintiff satisfied CPLR 5003-a, the clock began to tick, even without the W-9. “Granting settling defendants the unilateral right to withhold payment in these circumstances would significantly undercut the statutory goal of CPLR 5003-a to ensure the prompt payment of settlement proceeds upon tender of the statutorily prescribed documents. Accordingly, the defendants’ failure to timely pay the sum due under the settlement agreement entitled the plaintiff to enter judgment including interest, costs, and disbursements pursuant to CPLR 5003-a (e).”
Klee v. Americas Best Bottling Co., Inc.