CPLR § 3222

Action on submitted facts

Rule 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.

Official sourcehttps://www.nysenate.gov/legislation/laws/CVP/3222

In plain English

Parties with a real controversy can skip the fight and submit agreed facts for a ruling. Commenced by filing an acknowledged submission (a "case" of stipulated facts + a statement it's real and in good faith). No attachment or preliminary injunction; decided on the case alone; the court may infer facts; if the facts are insufficient to enter judgment, the submission is dismissed or a supplement is allowed.

★ Exam hits:

§ 3211(e): only ONE pre-answer motion to dismiss; grounds 1,3,4,5,6 waived if not raised; grounds 2,7,10 raisable anytime; improper-service objection waived if no motion within 60 days.
§ 3212(a): summary-judgment motion due ≤120 days after note of issue (court may set a cutoff no earlier than 30 days); good-cause leave otherwise. No SJ for the non-movant in matrimonial.
§ 3215: clerk enters default for a sum certain on application within 1 year; complaint dismissed as abandoned if no proceedings within 1 year; appeared defendant gets 5 days' notice; 20-day "personal and confidential" additional mailing; clerk affidavit that SOL hasn't expired.
§ 3212(j): clerk mails the consumer notice and notes the date; no default-based SJ until 14 days (or 19) after mailing.
§ 3216: 90-day demand by registered/certified mail; 1 year since joinder (or 6 months post-PC order); to survive dismissal show justifiable excuse AND meritorious cause.
§ 3218: confession judgment filed within 3 years, clerk taxes $15 costs, none after death. § 3201 bars pre-default confessions on ≤$1,500 consumer installment buys.
§ 3217(c): notice discontinuance = on the merits the second time (two-dismissal rule).
§§ 3219–3221: offers/tender made 10 days before trial, 10 days to accept, never disclosed to the jury.

Verbatim statute: CPLR - Article 32

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 2 — The JG-22 CPLR and in Volume 1 — The JG-22 in Plain English.