Rule 3222. Action on submitted facts. (a) Commencement. An action,\nexcept a matrimonial action, may be commenced by filing with the clerk a\nsubmission of the controversy, acknowledged by all parties in the form\nrequired to entitle a deed to be recorded. The submission shall consist\nof a case, containing a statement of the facts upon which the\ncontroversy depends, and a statement that the controversy is real and\nthat the submission is made in good faith for the purpose of determining\nthe rights of the parties. If made to the supreme court, the submission\nshall specify the particular county clerk with whom the papers are to be\nfiled.\n (b) Subsequent proceedings. Subsequent proceedings shall be had\naccording to the civil practice law and rules except that:\n 1. an order of attachment or a preliminary injunction shall not be\ngranted;\n 2. the controversy shall be determined on the case alone;\n 3. if the submission is made to the supreme court, it shall be heard\nand determined either by the court, or by the appellate division, or,\nwith his consent, by a specified judge or referee, as the parties may\nstipulate;\n 4. on such a submission the court, judge or referee may find facts by\ninference from the facts stipulated; and\n 5. if the statement of facts in the case is not sufficient to enable\nthe court to enter judgment the submission shall be dismissed or the\ncourt shall allow the filing of an additional statement.\n
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