N.Y. Civil Practice Law & Rules § 3219: Tender

Rule 3219. Tender. At any time not later than ten days before trial,

any party against whom a cause of action based upon contract, expressed

or implied, is asserted, and against whom a separate judgment may be

taken, may, without court order, deposit with the clerk of the court for

safekeeping, an amount deemed by him to be sufficient to satisfy the

claim asserted against him, and serve upon the claimant a written tender

of payment to satisfy such claim. A copy of the written tender shall be

filed with the clerk when the money is so deposited. The clerk shall

place money so received in the safe or vault of the court to be provided

for the safekeeping thereof, there to be kept by him until withdrawal by

claimant or return to the depositor or payment thereof to the county

treasurer or commissioner of finance of the city of New York, as

hereinafter provided. Within ten days after such deposit the claimant

may withdraw the amount deposited upon filing a duly acknowledged

statement that the withdrawal is in satisfaction of the claim. The

clerk shall thereupon enter judgment dismissing the pleading setting

forth the claim, without costs.

Where there is no withdrawal within such ten-day period, the amount

deposited shall, upon request be repaid to the party who deposited it.

If the tender is not accepted and the claimant fails to obtain a more

favorable judgment, he shall not recover interest or costs from the time

of the offer, but shall pay costs for defending against the claim from

that time. A tender shall not be made known to the jury.

Money received by the clerk of the court for safekeeping as

hereinabove provided and later withdrawn by claimant or repaid to the

depositor pursuant to the provisions hereof shall not be deemed paid

into court. If the deposit is neither withdrawn by claimant nor

returned to the depositor upon his request at the expiration of the

ten-day period, the amount of such deposit shall be deemed paid into

court as of the day following the expiration of the ten-day period and

the clerk shall pay the amount of the deposit to the county treasurer or

commissioner of finance of the city of New York, in accordance with

section twenty-six hundred one of the civil practice law and rules.

Withdrawal of such amount thereafter shall be in accordance with the

provisions of rule twenty-six hundred seven. Fees for services rendered

therein by a county treasurer or the commissioner of finance of the city

of New York are set forth in section eight thousand ten.