N.Y. Civil Practice Law & Rules § 3034: 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.