N.Y. CVP. LAW § 3222 : NY Code - Section 3222: Action on submitted facts

Search N.Y. CVP. LAW § 3222 : NY Code - Section 3222: Action on submitted facts

(a) Commencement. An action,
  except a matrimonial action, may be commenced by filing with the clerk a
  submission of the controversy, acknowledged by all parties in  the  form
  required  to entitle a deed to be recorded. The submission shall consist
  of  a  case,  containing  a  statement  of  the  facts  upon  which  the
  controversy  depends,  and  a statement that the controversy is real and
  that the submission is made in good faith for the purpose of determining
  the rights of the parties. If made to the supreme court, the  submission
  shall specify the particular county clerk with whom the papers are to be
  filed.
    (b)  Subsequent  proceedings.    Subsequent  proceedings  shall be had
  according to the civil practice law and rules except that:
    1. an order of attachment or a preliminary  injunction  shall  not  be
  granted;
    2. the controversy shall be determined on the case alone;
    3.  if  the submission is made to the supreme court, it shall be heard
  and determined either by the court, or by the  appellate  division,  or,
  with  his  consent,  by a specified judge or referee, as the parties may
  stipulate;
    4. on such a submission the court, judge or referee may find facts  by
  inference from the facts stipulated; and
    5.  if  the statement of facts in the case is not sufficient to enable
  the court to enter judgment the submission shall  be  dismissed  or  the
  court shall allow the filing of an additional statement.