New York Civil Practice Law & Rules - Article 30 - § 3033 Contracts to Submit; Enforcement of Submission
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New York Laws > New York Civil Practice Law & Rules (CVP) > New York Civil Practice Law & Rules - Article 30 - § 3033 Contracts to Submit; Enforcement of Submission
§ 3033. Contracts to submit; enforcement of submission. 1. Any written
contract, otherwise valid under the substantive law, to submit any
existing or future controversy to the court pursuant to section 3031 is
valid and enforceable and shall be construed as an implied consent of
the parties to the jurisdiction of the supreme court of this state to
enforce it pursuant to the procedures of rule 3036, and to enter
judgment thereon, and shall constitute a waiver by the parties of the
right to trial by jury.
2. If the parties to a dispute arising under a contract to submit a
controversy to the court under section 3031 are unable to agree on a
statement of claims and defenses and relief sought pursuant to that
section, the court on motion shall settle the terms of the statement.
In deciding the motion the court shall consider and determine any
questions as to the existence of the contract or its validity or the
failure of any party to perform it. If a substantial issue of fact be
raised as to the making of the contract or submission or the failure to
comply therewith, the court or judge shall proceed to trial of such
issue without a jury, unless either party should demand a jury trial.
Section: R3022 R3023 R3024 R3025 3026 3031 R3032 3033 R3034 3035 R3036 3037 3041 R3042 R3043
Last modified: February 14, 2012