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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
CourtAppellate Division, First Department
DecidedSeptember 29, 2026
Citation2026 NY Slip Op 05466
Area of lawCivil Procedure
WeekWeek ending October 3, 2026
Official textOfficial decision: 2026 NY Slip Op 05466
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id641

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

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published September 29, 2026. Updated September 29, 2026.