does not contain the word "judgment." CPLR 3216 is unavailable to Plaintiff (see Marine Bulkheading, Inc. v Mannino, 150 A.D.3d 1096 [2d Dept 2017]; Yes Lender, LLC v High Protection Intelligence LLC, 78 Misc.3d 1240 [A], 2023 NY Slip Op 50499[U] [Sup Ct, Kings County 2023]).
Pursuant to the plain language of the statute, CPLR 3215 (i) is only applicable where the stipulation of settlement provides for entry of judgment "without further notice." The Settlement Agreement in question does not contain such a provision (Marine Bulkheading, Inc. v Mannino, 150 AD3d 1096, 1097 [2d Dept 2017] ["the Clerk was not authorized to enter a default judgment pursuant to CPLR 3215 (i), since the parties' stipulation of settlement did not provide for entry of a judgment 'without further notice' to the defendant"]). Additionally, the Settlement Agreement specifically provides that Plaintiff may enter judgment pursuant to CPLR 3218, which provides for entry of judgment by confession.
tice required by CPLR 3215(g)(1), like the failure to provide proper notice of other kinds of motions, is a jurisdictional defect that deprives the court of the authority to entertain a motion for leave to enter a default judgment") (internal citations and quotations omitted); HSBC Bank USA, Nat. Ass'n v. Wielgus , 131 AD3d 510, 511 — 512 [2d Dept 2015] ; Solid Gold Constr. v. Robertson , 2003 NY Slip Op 51662[U], *1 [App Term 2d & 11th Jud Dists 2003] (vacating default judgment where stipulation of settlement required notice prior to entry of judgment and "plaintiff failed to submit sufficient proof of mailing of the requisite notice of default"); Arrow Fin. Servs., LLC v. Benjamin , 56 Misc 3d 483, 486 — 487 [Civ. Ct Bronx County 2017] ; see alsoTeitelbaum Holdings, Ltd. v. Gold , 48 NY2d 51, 55 [1979] (indicating that a properly interposed motion for relief from a judgment pursuant to 5015 is permissible where judgment is not properly entered pursuant to the terms of a settlement); Marine Bulkheading, Inc. v. Joseph Mannino , 150 AD3d 1096, 1096 [2d Dept 2017] ). iii. Disputed Terms of Purported Settlement Agreement