THE CASE IS SETTLED - NOW WHAT?

This is more of interest to pro se defendants: pro se:  Latin:  "On one's own behalf."  A person who represents him or herself without an attorney.

You are being sued for money damages based upon breach of contract,  etc. and you and the plaintiff's lawyer have reached a settlement. The plaintiff's lawyer drafts a stipulation of settlement as per CPLR 3217 (usually with the settlement figure) and you sign it. 

But note:

1. CPLR 3217 (c) "Effect of discontinuance.  Unless otherwise stated in the notice, stipulation or order of discontinuance, the discontinuance is without prejudice...."  So to pro se defendants, make sure "with prejudice" is added which means the action cannot be brought back into the suit in the future or the party cannot file a new claim against you arising out of the same controversy or transaction.  A case dismissed without prejudice means it's not dismissed forever.

2. CPLR 3217 (d) "All notices, stipulations, or certificates pursuant to this rule shall be filed with the county clerk by the defendant." So to pro se defendants, make sure you get a duplicate original that you file with the clerk: do not rely on assurances that someone else will file it. If it is not filed, the court does not know the case is over and will still be an open matter on record. And see also CPLR 2104: "An agreement between parties or their attorneys relating to any matter in an action, other than one made between counsel in open court, is not binding upon a party unless it is in a writing subscribed by him or his attorney or reduced to the form of an order and entered.  With respect to stipulations of settlement and notwithstanding the form of the stipulation of settlement, the terms of such stipulation shall be filed by the defendant with the county clerk.