N.Y. Civil Practice Law & Rules § 3220: Offer to liquidate damages conditionally

Rule 3220. Offer to liquidate damages conditionally. At any time not

later than ten days before trial, any party against whom a cause of

action based upon contract, express or implied, is asserted may serve

upon the claimant a written offer to allow judgment to be taken against

him for a sum therein specified, with costs then accrued, if the party

against whom the claim is asserted fails in his defense. If within ten

days thereafter the claimant serves a written notice that he accepts the

offer, and damages are awarded to him on the trial, they shall be

assessed in the sum specified in the offer. If the offer is not so

accepted and the claimant fails to obtain a more favorable judgment, he

shall pay the expenses necessarily incurred by the party against whom

the claim is asserted, for trying the issue of damages from the time of

the offer. The expenses shall be ascertained by the judge or referee

before whom the case is tried. An offer under this rule shall not be

made known to the jury.