2019 New York Laws
CVP - Civil Practice Law and Rules
Article 32 - Accelerated Judgment
R3222 - Action on Submitted Facts.

Universal Citation: NY CPLR § 3222 (2019)
Rule  3222.  Action  on  submitted facts. (a) Commencement. An action,
except a matrimonial action, may be commenced by filing with the clerk a
submission of the controversy, acknowledged by all parties in  the  form
required  to entitle a deed to be recorded. The submission shall consist
of  a  case,  containing  a  statement  of  the  facts  upon  which  the
controversy  depends,  and  a statement that the controversy is real and
that the submission is made in good faith for the purpose of determining
the rights of the parties. If made to the supreme court, the  submission
shall specify the particular county clerk with whom the papers are to be

(b) Subsequent proceedings. Subsequent proceedings shall be had according to the civil practice law and rules except that: 1. an order of attachment or a preliminary injunction shall not be granted; 2. the controversy shall be determined on the case alone; 3. if the submission is made to the supreme court, it shall be heard and determined either by the court, or by the appellate division, or, with his consent, by a specified judge or referee, as the parties may stipulate; 4. on such a submission the court, judge or referee may find facts by inference from the facts stipulated; and 5. if the statement of facts in the case is not sufficient to enable the court to enter judgment the submission shall be dismissed or the court shall allow the filing of an additional statement.

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