Rule 3219. Tender. At any time not later than ten days before trial,\nany party against whom a cause of action based upon contract, expressed\nor implied, is asserted, and against whom a separate judgment may be\ntaken, may, without court order, deposit with the clerk of the court for\nsafekeeping, an amount deemed by him to be sufficient to satisfy the\nclaim asserted against him, and serve upon the claimant a written tender\nof payment to satisfy such claim. A copy of the written tender shall be\nfiled with the clerk when the money is so deposited. The clerk shall\nplace money so received in the safe or vault of the court to be provided\nfor the safekeeping thereof, there to be kept by him until withdrawal by\nclaimant or return to the depositor or payment thereof to the county\ntreasurer or commissioner of finance of the city of New York, as\nhereinafter provided. Within ten days after such deposit the claimant\nmay withdraw the amount deposited upon filing a duly acknowledged\nstatement that the withdrawal is in satisfaction of the claim. The\nclerk shall thereupon enter judgment dismissing the pleading setting\nforth the claim, without costs.\n Where there is no withdrawal within such ten-day period, the amount\ndeposited shall, upon request be repaid to the party who deposited it.\nIf the tender is not accepted and the claimant fails to obtain a more\nfavorable judgment, he shall not recover interest or costs from the time\nof the offer, but shall pay costs for defending against the claim from\nthat time. A tender shall not be made known to the jury.\n Money received by the clerk of the court for safekeeping as\nhereinabove provided and later withdrawn by claimant or repaid to the\ndepositor pursuant to the provisions hereof shall not be deemed paid\ninto court. If the deposit is neither withdrawn by claimant nor\nreturned to the depositor upon his request at the expiration of the\nten-day period, the amount of such deposit shall be deemed paid into\ncourt as of the day following the expiration of the ten-day period and\nthe clerk shall pay the amount of the deposit to the county treasurer or\ncommissioner of finance of the city of New York, in accordance with\nsection twenty-six hundred one of the civil practice law and rules.\nWithdrawal of such amount thereafter shall be in accordance with the\nprovisions of rule twenty-six hundred seven. Fees for services rendered\ntherein by a county treasurer or the commissioner of finance of the city\nof New York are set forth in section eight thousand ten.\n
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