2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 30 - (3001 - 3045) REMEDIES AND PLEADING
R3034 - Motion procedure to settle statement terms.

 
    Rule  3034.  Motion  procedure  to  settle statement terms. 1. A party
  aggrieved by the failure of another  to  perform  under  a  contract  to
  submit  a  controversy, upon filing a statement, signed and acknowledged
  by the party, specifying the claim and the relief  requested,  may  move
  for  an  order  directing  settlement  of the terms of the statement, if
  necessary, and the determination of the controversy pursuant to the  New
  York Simplified Procedure for Court Determination of Disputes.
    2.  Eight days notice of the motion, or such other notice as the court
  shall deem appropriate, shall be served upon the party alleged to be  in
  default, in such manner as the court shall direct.
    3.  If  there  is  no  substantial  question  as  to the making of the
  contract or submission, or the failure to comply  therewith,  the  court
  shall  proceed with the determination of the controversy pursuant to the
  simplified procedure and these rules. If the court  shall  find  that  a
  substantial  issue  of  fact  has  been  raised  as to the making of the
  contract or submission, or the failure  to  comply  therewith,  and  the
  motion  shall  not  have been denied as a matter of law, the court shall
  proceed expeditiously with the trial  thereof  without  a  jury,  unless
  either  party upon argument of the motion shall have demanded in writing
  a trial by  jury  of  the  issue  of  the  making  of  the  contract  or
  submission, in which event the court shall proceed as promptly as may be
  practicable with such trial before a jury.