3045 – Arbitration of Damages in Medical, Dental or Podiatric Malpractice Actions.
§ 3045. Arbitration of damages in medical, dental or podiatric malpractice actions. (a) At any time after service of a bill of particulars but no later than sixty days after filing of the notice of dental, medical or podiatric malpractice action pursuant to rule thirty-four hundred six of this chapter, any defendant in such an […]
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 […]
R3034 – 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 […]
3035 – Simplified Procedure Authorized.
§ 3035. Simplified procedure authorized. (a) Implementation and pre-trial. The procedure in any action under the New York simplified procedure for court determination of disputes authorized by sections 3031 and 3033 shall be as provided in rule 3036 adopted to implement the provisions hereof, which is designed to promote the speedy hearing of such actions […]
R3036 – Court Determination.
Rule 3036. Court determination. 1. Except upon a trial under paragraph three of rule 3034 of the issue of the making of the contract or submission, the rules as to the admissibility of evidence, except as provided by statutes relating to privileged communications, and as to procedure shall be dispensed with unless the court shall […]
3037 – Appeal.
§ 3037. Appeal. An appeal may be taken only from a judgment, or an order determining the making of the contract or submission or the failure to comply therewith. There shall be no appeal from an intermediate order of the court or of a judge in an action under the simplified procedure provisions, except with […]
3041 – Bill of Particulars in Any Case.
§ 3041. Bill of particulars in any case. Any party may require any other party to give a bill of particulars of such party’s claim, or a copy of the items of the account alleged in a pleading. As used elsewhere in this article, the term “bill of particulars” shall include “copy of the items […]
R3042 – Procedure for Bill of Particulars.
Rule 3042. Procedure for bill of particulars. (a) Demand. A demand for a bill of particulars shall be made by serving a written demand stating the items concerning which particulars are desired. Within thirty days of service of a demand for a bill of particulars, the party on whom the demand is made shall serve […]
R3043 – Bill of Particulars in Personal Injury Actions.
Rule 3043. Bill of particulars in personal injury actions. (a) Specified particulars. In actions to recover for personal injuries the following particulars may be required: (1) The date and approximate time of day of the occurrence; (2) Its approximate location; (3) General statement of the acts or omissions constituting the negligence claimed; (4) Where notice […]
3044 – Verification of Bill of Particulars.
§ 3044. Verification of bill of particulars. If a pleading is verified, a subsequent bill of particulars shall also be verified. A bill of particulars of any pleading with respect to a cause of action for negligence shall be verified whether such pleading be verified or not.