Extract to table

Where the parties have stipulated that the court shall retain jurisdiction to enforce the settlement, this authority is even more clearly established

This distinction is both conceptual and procedural, and careful drafting is required to ensure that the provision is properly characterized

The statute imposes specific procedural requirements, including that the affidavit must be personally executed by the defendant (not merely by the defendant's attorney), and it must set forth the underlying facts with sufficient particularity to demonstrate that the obligation is genuine

The consent judgment amount must bear a reasonable relationship to the actual obligation that the settling defendant has undertaken

The consent judgment provision must not be unconscionable under the standards applicable to commercial contracts in New York

Both parties must sign the Settlement Agreement knowingly and voluntarily, with full understanding of the consent judgment consequence