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 statement, if
necessary, and the determination of the controversy pursuant to the New
York Simplified Procedure for Court Determination of Disputes.

2. Eight days notice of the motion, or such other notice as the court
shall deem appropriate, shall be served upon the party alleged to be in
default, in such manner as the court shall direct.

3. If there is no substantial question as to the making of the
contract or submission, or the failure to comply therewith, the court
shall proceed with the determination of the controversy pursuant to the
simplified procedure and these rules. If the court shall find that a
substantial issue of fact has been raised as to the making of the
contract or submission, or the failure to comply therewith, and the
motion shall not have been denied as a matter of law, the court shall
proceed expeditiously with the trial thereof without a jury, unless
either party upon argument of the motion shall have demanded in writing
a trial by jury of the issue of the making of the contract or
submission, in which event the court shall proceed as promptly as may be
practicable with such trial before a jury.