Doctor Goldshteyn Chiropractic, P.C. v Empire Fire & Mar. Ins. Co.. 2021 NY Slip Op 50722(U)(App. Term 2d Dept. 2021)
This case is remarkable for one thing and one thing only. Why wouldn’t you put the famous line in the stupulation: if payment is not made in ___ days. judgment will be entered in the sum set forth in the complaint without further notice to either party?
The reality according to the Appellate Division is if you seek to enter a clerk’s judgment for more than what is agreed to in the stipulation, then you need to make a motion to enter judgment. I am not researching the case, but I remember it from a few years ago.
