At any time not later than ten days before trial, any party against whom a cause of action based upon contract, express or implied, is asserted may serve upon the claimant a written offer to allow judgment to be taken against him for a sum therein specified, with costs then accrued, if the party against whom the claim is asserted fails in his defense. If within ten days thereafter the claimant serves a written notice that he accepts the offer, and damages are awarded to him on the trial, they shall be assessed in the sum specified in the offer. If the offer is not so accepted and the claimant fails to obtain a more favorable judgment, he shall pay the expenses necessarily incurred by the party against whom the claim is asserted, for trying the issue of damages from the time of the offer. The expenses shall be ascertained by the judge or referee before whom the case is tried. An offer under this rule shall not be made known to the jury.
R 3220.Offer to liquidate damages conditionally
Article 32. Accelerated Judgment · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 3220 lets a contract defendant concede what damages should be if liability is found, fixing the dollar figure in advance so only liability, not damages, remains contested at trial.
Full Text of CPLR 3220
Plain-English Summary
CPLR 3220 fills a gap CPLR 3219 leaves open. Tender under 3219 settles a whole claim, but in many contract disputes the real fight is over liability, not the size of the damages. This rule lets a defendant concede the damages number in advance, offering, no later than ten days before trial, to let judgment be entered for a stated sum if the claimant proves the defendant liable.
Accepting the offer within ten days locks in that number: if the claimant wins on liability at trial, damages are set at the amount offered, with no separate fight over how much is owed. Turning it down carries a penalty tied to trial results rather than to the ultimate recovery. If the claimant doesn't win a judgment for more than the offer, the claimant pays the expenses of trying the damages question from the date of the offer, an amount the trial judge or referee fixes.
Like the CPLR 3219 tender it supplements, an offer under this rule stays out of the jury's view.
Frequently Asked Questions
What is an offer to liquidate damages conditionally under CPLR 3220?
It's an offer, made no later than ten days before trial, in which a contract defendant agrees to a specific damages figure if the claimant proves liability, leaving only liability contested at trial.
How is CPLR 3220 different from the CPLR 3219 tender?
CPLR 3219 tenders money to settle the whole claim; CPLR 3220 only fixes the damages number in advance, for cases where liability, not the damages amount, is the real dispute.
What happens if a claimant accepts an offer under CPLR 3220?
If the claimant wins on liability at trial, damages are set at the figure named in the accepted offer, with no separate fight over the damages amount.
What penalty applies if a claimant rejects a CPLR 3220 offer and doesn't do better at trial?
The claimant must pay the expenses the defendant incurred trying the damages issue from the date of the offer, an amount the trial judge or referee sets.
Does CPLR 3220 apply outside contract actions?
No. Like CPLR 3219, it's limited to actions based on an express or implied contract.
Advisory Committee Notes
This rule is based upon CPA §§ 175 and 176. Like CPLR rule 3219, it is restricted to actions “based upon contract, express or implied.” The rule serves as a supplement to Rule 3219 in cases where there is a question as to liability, but no real dispute as to damages.
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963.
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: offer to liquidate damages conditionally New Yorkconditional damages offer contract action NYCPLR 3220 procedure