Section 3219. Tender

At any time not later than ten days before trial,
  any party against whom a cause of action based upon contract,  expressed
  or  implied,  is  asserted,  and against whom a separate judgment may be
  taken, may, without court order, deposit with the clerk of the court for
  safekeeping, an amount deemed by him to be  sufficient  to  satisfy  the
  claim asserted against him, and serve upon the claimant a written tender
  of  payment to satisfy such claim. A copy of the written tender shall be
  filed with the clerk when the money is so  deposited.  The  clerk  shall
  place money so received in the safe or vault of the court to be provided
  for the safekeeping thereof, there to be kept by him until withdrawal by
  claimant  or  return  to  the depositor or payment thereof to the county
  treasurer or commissioner of  finance  of  the  city  of  New  York,  as
  hereinafter  provided.  Within  ten days after such deposit the claimant
  may withdraw the  amount  deposited  upon  filing  a  duly  acknowledged
  statement  that  the  withdrawal  is  in satisfaction of the claim.  The
  clerk shall thereupon enter judgment  dismissing  the  pleading  setting
  forth the claim, without costs.
    Where  there  is  no withdrawal within such ten-day period, the amount
  deposited shall, upon request be repaid to the party who  deposited  it.
  If  the  tender  is not accepted and the claimant fails to obtain a more
  favorable judgment, he shall not recover interest or costs from the time
  of the offer, but shall pay costs for defending against the  claim  from
  that time. A tender shall not be made known to the jury.
    Money   received  by  the  clerk  of  the  court  for  safekeeping  as
  hereinabove provided and later withdrawn by claimant or  repaid  to  the
  depositor  pursuant  to  the  provisions hereof shall not be deemed paid
  into court.   If the  deposit  is  neither  withdrawn  by  claimant  nor
  returned  to  the  depositor  upon  his request at the expiration of the
  ten-day period, the amount of such deposit shall  be  deemed  paid  into
  court  as  of the day following the expiration of the ten-day period and
  the clerk shall pay the amount of the deposit to the county treasurer or
  commissioner of finance of the city of  New  York,  in  accordance  with
  section  twenty-six  hundred  one  of  the civil practice law and rules.
  Withdrawal of such amount thereafter shall be  in  accordance  with  the
  provisions of rule twenty-six hundred seven.  Fees for services rendered
  therein by a county treasurer or the commissioner of finance of the city
  of New York are set forth in section eight thousand ten.