In the Oct. 23, Outside Counsel, “Use and Misuse of Judgments by Confession to Enforce Settlements,” Harvey Stuart and David E. Miller noted some of the problems that plague litigants seeking protection where a settling party defaults.
Practitioners desiring to avoid using confessions of judgment may wish to review the provisions of CPLR 3215(i). That statute allows judgment to be entered by the clerk where a settling party fails to comply with a stipulation of settlement and, since the terms of the stipulation may be crafted to suit the needs of the litigants, it may offer relief from the far more stringent requirements involved with confessions of judgment.
Richard H. Bliss
New York, N.Y.
