Appellate Division, First Department · September 29, 2026 · 2026 NY Slip Op 05466
Carranza v Memorial Hosp. for Cancer & Allied Diseases
Read the official decision: 2026 NY Slip Op 05466
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Holding The court affirmed the order vacating the judgment because the settlement payment was timely under CPLR 5003-a. The defendants’ obligation to pay did not begin until the plaintiff provided all agreed-upon settlement documents, including the workers’ compensation lien waiver.
The court’s words
Since plaintiff did not tender the relevant settlement documents, including a signed settlement agreement and release and revised stipulation of discontinuance, until September 9, 2025, the settlement payment was timely (see CPLR 5003-a).
2026 NY Slip Op 05466, at the official text
It was not until September 5, 2025, however, that plaintiff provided a signed, workers' compensation lien waiver. Thus, defendants' obligation to tender payment did not begin until such time that all agreed upon settlement documents were provided (see Cely v O'Brien & Kreitzberg, 45 AD3d 368, 368 [1st Dept 2007]).
2026 NY Slip Op 05466, at the official text
| Court | Appellate Division, First Department |
|---|---|
| Decided | September 29, 2026 |
| Citation | 2026 NY Slip Op 05466 |
| Area of law | Civil Procedure |
| Week | Week ending October 3, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05466 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 641 |
Recommended citation
ESQ HQ, New York Law Watch, Carranza v Memorial Hosp. for Cancer & Allied Diseases, 2026 NY Slip Op 05466 (Appellate Division, First Department, September 29, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05466/
How this record was made
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