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The Critical Importance of Precise Stipulation Language in No-Fault Cases

When drafting stipulations in New York no-fault insurance litigation, every word matters. A recent Appellate Term decision highlights a fundamental principle that practitioners should never overlook: if you want to enter a clerk’s judgment for a specific amount, your stipulation must contain the exact protective language that makes this possible. Without it, you may find yourself making unnecessary motions to the court.

This case serves as a reminder that even experienced attorneys can stumble on seemingly basic procedural requirements. The difference between a properly drafted stipulation and one missing key language can mean the difference between a swift resolution and additional litigation costs.

Jason Tenenbaum’s Analysis:

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.

Key Takeaway

Always include the standard protective language in your stipulations: “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.” Without this clause, attempting to enter a clerk’s judgment for more than the stipulated amount requires filing a motion with the court, adding unnecessary time and expense to your case resolution.

This principle applies broadly to no-fault practice procedures, similar to other technical requirements we’ve discussed regarding CPLR provisions that can make or break a case.