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This entry was published on 2014-09-22
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SECTION 3031
Simplified procedure for court determination of disputes--action without pleadings
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 30
§ 3031. Simplified procedure for court determination of
disputes--action without pleadings. An action may be commenced without
the service of a summons, or may be continued after the service of a
summons, without pleadings, by the filing of a statement, signed and
acknowledged by all the parties or signed by their attorneys, specifying
plainly and concisely the claims and defenses between the parties and
the relief requested. Signing constitutes a certificate that the issues
are genuine, and such filing, together with a note of issue, to be filed
at the same time, shall constitute the joinder of issues in the action.
The procedure in any action commenced under this section shall
constitute "the New York Simplified Procedure for Court Determination of
Disputes" and it shall be sufficient so to identify the procedure in any
contract or other document referring to it. A submission of a
controversy under this procedure shall constitute a waiver by the
parties of the right to trial by jury.