In an April 20, 2009 decision, Justice Kapnick addressed the procedures to be followed when parties to a contract state that any disputes under the contract are to be determined pursuant to the New York Simplified Procedure for Court Determination of Disputes which allows a court to streamline discovery and other pre-trial practice and move immediately to trial after the presentment of a statement of claims and defenses.
In this matter, the Court found that there were many issues in dispute which required discovery, and the appointment of an expert before trial. The Court further found that because a non-party to the contract had not consented to the procedures outlined in CPLR 3031 et seq. that third-party claims could not be brought against it in this proceeding, but that the defendant wanted to seek indemnification from such party it would have to bring a separate action, but that the defendant could by way of a defense in this action pursue its theory that the third-party was liable for the damages plaintiff claimed.