In every dental, podiatric or medical malpractice action, the court shall hold a mandatory settlement conference within forty-five days after the filing of the note of issue and certificate of readiness or, if a party moves to vacate the note of issue and certificate of readiness, within forty-five days after the denial of such motion. Where parties are represented by counsel, only attorneys fully familiar with the action and authorized to dispose of the case, or accompanied by a person empowered to act on behalf of the party represented, will be permitted to appear at the conference. Where appropriate, the court may order parties, representatives of parties, representatives of insurance carriers or persons having an interest in any settlement to also attend in person or telephonically at the settlement conference. The chief administrative judge shall by rule adopt procedures to implement such settlement conference.
R 3409.Settlement conference in dental, podiatric and medical malpractice actions
Article 34. Calendar Practice; Trial Preferences · Last amended 2011 · Last verified July 21, 2026
In one sentenceCPLR 3409 requires a mandatory settlement conference within forty-five days after the note of issue and certificate of readiness is filed, or after a motion to vacate it is denied, in every dental, podiatric, or medical malpractice case, with only fully authorized counsel or accompanied parties allowed to attend.
Full Text of CPLR 3409
Plain-English Summary
CPLR 3409 requires a mandatory settlement conference in every dental, podiatric, or medical malpractice action, held within forty-five days after the note of issue and certificate of readiness is filed, or, if a party moved to vacate that filing, within forty-five days after the motion is denied.
Attendance is restricted to attorneys who know the case and can settle it, or attorneys accompanied by someone with that authority. The court can also order parties, party representatives, insurance carrier representatives, or anyone else with a stake in a settlement to attend, in person or by phone.
This conference is the back end of the schedule CPLR 3406 sets up at the start of a malpractice case. The chief administrative judge adopts procedures to carry it out.
Frequently Asked Questions
When is the mandatory settlement conference held in a New York malpractice case?
Within forty-five days after the note of issue and certificate of readiness is filed, or within forty-five days after a motion to vacate that filing is denied.
Who must attend a CPLR 3409 settlement conference?
Attorneys fully familiar with the case and authorized to settle it, or attorneys accompanied by someone with that authority, and the court may also order party representatives or insurance carrier representatives to attend.
What happens if a motion to vacate the note of issue is denied in a malpractice case?
The forty-five day clock for the mandatory settlement conference under CPLR 3409 starts running from the date that motion is denied.
Can an insurance representative be required to attend a malpractice settlement conference in New York?
Yes. CPLR 3409 lets the court order representatives of insurance carriers, or anyone with an interest in a settlement, to attend in person or by phone.
How does CPLR 3409 relate to the note of issue and certificate of readiness?
The filing of the note of issue and certificate of readiness starts the forty-five day clock for the mandatory settlement conference CPLR 3409 requires.
Amendment History
Add, L 2011, ch 59, § 52–d (Part H), eff June 29, 2011.
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
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