New York / Settlement & costs
New York offer to compromise deadline
In New York, an offer to compromise under CPLR 3221 must be accepted within 10 days after service, or it is deemed withdrawn.
Estimates based on standard New York rules and court-holiday closures; not legal advice. Confirm against your specific case, local administrative orders, and the current rules.
How the deadline works
CPLR 3221 lets a party serve a written offer to allow judgment to be taken against it. The offer must be accepted within 10 days after service; an offer not accepted in time is deemed withdrawn and cannot later be given in evidence except on the question of costs.
The consequence of rejecting is narrower than the fee-shifting found in some states: a party who rejects and fails to obtain a more favorable judgment cannot recover costs from the time of the offer and must pay the offeror’s costs from that time. Service by mail within New York adds 5 days under CPLR 2103(b)(2).
- Costs, not attorney’s fees CPLR 3221 shifts statutory costs from the date of the offer — it is not a fee-shifting rule.
- Ten days is short The window is 10 days from service, materially shorter than the 30-day acceptance period used in some other states.
Questions
- How long do I have to accept an offer to compromise in New York?
- 10 days after service under CPLR 3221, plus 5 days if the offer was served by mail within New York. After that the offer is deemed withdrawn.
Related calculators