At any time not later than ten days before trial, any party against whom a cause of action based upon contract, expressed or implied, is asserted, and against whom a separate judgment may be taken, may, without court order, deposit with the clerk of the court for safekeeping, an amount deemed by him to be sufficient to satisfy the claim asserted against him, and serve upon the claimant a written tender of payment to satisfy such claim. A copy of the written tender shall be filed with the clerk when the money is so deposited. The clerk shall place money so received in the safe or vault of the court to be provided for the safekeeping thereof, there to be kept by him until withdrawal by claimant or return to the depositor or payment thereof to the county treasurer or commissioner of finance of the city of New York, as hereinafter provided. Within ten days after such deposit the claimant may withdraw the amount deposited upon filing a duly acknowledged statement that the withdrawal is in satisfaction of the claim. The clerk shall thereupon enter judgment dismissing the pleading setting forth the claim, without costs. Where there is no withdrawal within such ten-day period, the amount deposited shall, upon request be repaid to the party who deposited it. If the tender is not accepted and the claimant fails to obtain a more favorable judgment, he shall not recover interest or costs from the time of the offer, but shall pay costs for defending against the claim from that time. A tender shall not be made known to the jury. Money received by the clerk of the court for safekeeping as hereinabove provided and later withdrawn by claimant or repaid to the depositor pursuant to the provisions hereof shall not be deemed paid into court. If the deposit is neither withdrawn by claimant nor returned to the depositor upon his request at the expiration of the ten-day period, the amount of such deposit shall be deemed paid into court as of the day following the expiration of the ten-day period and the clerk shall pay the amount of the deposit to the county treasurer or commissioner of finance of the city of New York, in accordance with section twenty-six hundred one of the civil practice law and rules. Withdrawal of such amount thereafter shall be in accordance with the provisions of rule twenty-six hundred seven. Fees for services rendered therein by a county treasurer or the commissioner of finance of the city of New York are set forth in section eight thousand ten.
R 3219.Tender.
Article 32. Accelerated Judgment · Last amended 1978 · Last verified July 21, 2026
In one sentenceCPLR 3219 lets a contract defendant stop the interest and cost clock by depositing money with the court and tendering it to the plaintiff before trial, penalizing a plaintiff who later fails to beat that number.
Full Text of CPLR 3219
Plain-English Summary
CPLR 3219 gives a contract defendant a way to cut off the interest and cost meter before trial. No later than ten days before trial, the defendant deposits an amount with the clerk and serves the claimant with a written tender of that sum in satisfaction of the claim.
The claimant then has ten days to withdraw the deposit as full satisfaction, which ends the case with a judgment dismissing the claim, without costs to either side. Left unclaimed, the money goes back to the defendant on request, or if no one asks, it's deemed paid into court and forwarded for safekeeping until claimed under the general rule for court-held funds.
Turning the tender down carries a cost. If the claimant doesn't recover more than the tendered amount at trial, they lose interest and costs from the date of the tender and must pay the defendant's costs of defending against the damages claim from that point forward. None of this reaches the jury; the tender stays out of the trial entirely so it can't color the verdict.
Frequently Asked Questions
What is a tender under CPLR 3219?
It's a deposit of money with the court clerk, paired with a written offer served on the claimant, that a contract defendant can make up to ten days before trial to settle a claim.
What happens if a claimant rejects a tender under CPLR 3219?
If the claimant doesn't win more at trial than the tendered amount, they lose interest and costs from the date of the tender and must pay the defendant's costs of defending the damages claim from that point.
Does the jury learn about a tender made under CPLR 3219?
No. The rule keeps the tender from the jury so it cannot influence the verdict.
How long does a claimant have to accept a tender deposited with the court?
Ten days from the deposit. Accepting within that window ends the case with a judgment dismissing the claim, without costs.
What kinds of cases can use the CPLR 3219 tender procedure?
Only actions based on a contract, express or implied, where the defendant faces a separate judgment.
Advisory Committee Notes
Tender was formerly covered by CPA §§ 174-a through 174-c. Previously governed by common law, the subject was codified in 1949 upon recommendation of the Judicial Council. See 15 NY Jud Council Rep 189–208 (1949). At the same time, the previously existing provisions relating to tender after suit were repealed, upon the Judicial Council’s finding that they were unnecessary and rarely used, since the offer to compromise (CPA §§ 177–79; rule 3221) achieved the same result without the necessity of paying money into court.
This rule eliminates the requirement of actual tender before the action was commenced, and where the tendered payment is not accepted, permits the person making the payment to withdraw the sum from the court so that it is not tied up pending trial. These changes are designed to make this procedure a more attractive means of attempting to dispose of litigation.
Amendment History
Add, L 1962, ch 308; amd, L 1964, ch 338, § 19; L 1965, ch 773, § 11; L 1966, ch 581, § 1; L 1969, ch 407, § 116; L 1978, ch 655, § 31, eff July 25, 1978.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: tender before trial New YorkCPLR 3219 deposit with the courtNew York contract action tender procedureoffer of judgment tender New York