Johnson v. Karavassilis

OPINION OF THE COURT

Martin Schneier, J.

On November 3, 2000, this case was settled for a sum of $9,750. On November 4, 2000, a release and stipulation of discontinuance was forwarded to defendant by certified mail, return receipt requested, and was received on November 8, 2000. On November 28, 2000, the plaintiff filed a judgment and *342bill of costs. Defendant moves to vacate the judgment and bill of costs on the grounds that it was filed prior to the expiration of the 21-day period provided for in CPLR 5003-a. Plaintiff cross-moves for payment of the balance of the judgment.

CPLR 5003-a (a)…