New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 28 - Alternative Method Of Dispute Resolution By Arbitration › Section 28.2 - Mandatory submission of actions to arbitration

Current through
					 Register Vol. 46, No. 28, July 10, 2024
(a) The Chief Administrator may
					 establish in any trial court in any county the arbitration program authorized
					 by this Part.
(b) In
					 each county where such an arbitration program is established, and to the extent
					 directed by the Chief Administrator, civil actions for a sum of money only,
					 except those commenced in small claims parts and not subsequently transferred
					 to a regular part of court, that are noticed for trial or commenced in the
					 Supreme Court, County Court, the Civil Court of the City of New York, a
					 District Court or a City Court, on or after the effective date of the order
					 where recovery sought for each cause of action is $6,000 or less, or $10,000 or
					 less in the Civil Court of the City of New York, or such other sum as may be
					 authorized by law, exclusive of costs and interest, shall be heard and decided
					 by a panel of arbitrators. The Chief Administrator may also, at any time, upon
					 the establishment of the program in any particular court or county or there
					 after, provide for the submission to arbitration of actions, seeking recovery
					 of such sums, that are pending for trial in those courts on the effective date
					 of the order.
(c) In
					 addition, upon stipulation filed with the clerk of the court where the action
					 was commenced or, if the case was transferred, the clerk of the court to which
					 it has been transferred, any civil action for a sum of money only, pending or
					 thereafter commenced in such courts, including actions removed to a court of
					 limited jurisdiction from the Supreme Court pursuant to CPLR 325(d), regardless
					 of the amount in controversy, shall be arbitrated, and in any such action the
					 arbitration award shall not be limited to the amounts provided in subdivision
					 (b) of this section, or to the monetary jurisdiction of the court. Any
					 stipulation pursuant to this section may set forth agreed facts, defenses
					 waived or similar terms, and to that extent shall replace the
					 pleadings.
(d) In any
					 action subject to arbitration under these rules or submitted to arbitration by
					 stipulation, the arbitration panel shall have jurisdiction of any counter-claim
					 or cross-claim for a sum of money only that has been interposed, without regard
					 to amount.
(e) All
					 actions subject to arbitration shall be placed on a separate calendar known as
					 the arbitration calendar, in the order of filing of the note of issue, notice
					 of trial or stipulation of submission, except that where a defendant is in
					 default, the plaintiff may seek a default judgment pursuant to the provisions
					 of CPLR 3215.
(f) The
					 appropriate administrative judge, with the approval of the Deputy Chief
					 Administrator, may direct a pretrial calendar hearing by the court of actions
					 pending on the arbitration calendar. If an action is not settled or dismissed,
					 or judgment by default is not directed upon the hearing, it shall be processed
					 thereafter in accordance with the provisions of this Part.