TRIAL BY THE COURT
The Sections of Article 42. of the CPLR of New York:
NY CPLR § 4201. POWERS OF REFEREES TO REPORT
A referee to inquire and report shall have the power to issue subpoenas, to administer oaths and to direct the parties to engage in and permit such disclosure proceedings as will expedite the disposition of the issues.
NY CPLR RULE RULE 4211. ISSUES TO BE DECIDED BY THE COURT
The court shall decide any issue not required to be tried by a jury unless it is referred to a referee to determine pursuant to section 4317.
NY CPLR RULE RULE 4212. ADVISORY JURY; REFEREE TO REPORT
Upon the motion of any party as provided in rule 4015 or on its own initiative, the court may submit any issue of fact required to be decided by the court to an advisory jury or, upon a showing of some exceptional condition requiring it or in matters of account, to a referee to report. An order under this rule shall specify the issues to be submitted. The procedures to be followed in the use of an advisory jury shall be the same as those for a jury selected under article forty-one. Where no issues remain to be tried, the court shall render decision directing judgment in the action.
NY CPLR § 4213. DECISION OF THE COURT
(a) Requests for findings. Before the case is finally submitted, the court shall afford the parties an opportunity to submit requests for findings of fact. Each request shall be numbered and so phrased that the court may conveniently pass upon it.
(b) Form of decision. The decision of the court may be oral or in writing and shall state the facts it deems essential. In any action brought to recover damages for personal injury, injury to property, or wrongful death, a decision awarding damages shall specify the applicable elements of special and general damages upon which the award is based and the amount assigned to each element, including but not limited to medical expenses, dental expenses, pediatric expenses, loss of earnings, impairment of earning ability, and pain and suffering. In a medical, dental or pediatric malpractice action, commenced on or after July twenty-sixth, two thousand three, the court’s decision as to future damages shall be itemized in accordance with subdivision (d) of rule forty-one hundred eleven of this chapter. In any action brought to recover damages for personal injury, injury to property or wrongful death, other than a medical, dental or pediatric malpractice action commenced on or after July twenty-sixth, two thousand three, the court’s decision as to future damages shall be itemized in accordance with subdivision (e) of rule forty-one hundred eleven of this chapter.
(c) Time for decision. The decision of the court shall be rendered within sixty days after the cause or matter is finally submitted or within sixty days after a motion under rule 4403 , whichever is later, unless the parties agree to extend the time.
Updated: April 30, 2019.