§ 3034 — Motion procedure to settle statement terms

Rule 3034. Motion procedure to settle statement terms. 1. A party\naggrieved by the failure of another to perform under a contract to\nsubmit a controversy, upon filing a statement, signed and acknowledged\nby the party, specifying the claim and the relief requested, may move\nfor an order directing settlement of the terms of the statement, if\nnecessary, and the determination of the controversy pursuant to the New\nYork Simplified Procedure for Court Determination of Disputes.\n 2. Eight days notice of the motion, or such other notice as the court\nshall deem appropriate, shall be served upon the party alleged to be in\ndefault, in such manner as the court shall direct.\n 3. If there is no substantial question as to the making of the\ncontract or submission, or the failure to comply therewith, the court\nshall proceed with the determination of the controversy pursuant to the\nsimplified procedure and these rules. If the court shall find that a\nsubstantial issue of fact has been raised as to the making of the\ncontract or submission, or the failure to comply therewith, and the\nmotion shall not have been denied as a matter of law, the court shall\nproceed expeditiously with the trial thereof without a jury, unless\neither party upon argument of the motion shall have demanded in writing\na trial by jury of the issue of the making of the contract or\nsubmission, in which event the court shall proceed as promptly as may be\npracticable with such trial before a jury.\n