N.Y. CPLR § 2218
N.Y. CPLR § 2218 - Trial of Issue Raised on Motion
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NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 2218 Trial of issue raised on motion § 2218. Trial of issue raised on motion. The court may order that anissue of fact raised on a motion shall be separately tried by the courtor a referee. If the issue is triable of right by jury, the court shallgive the parties an opportunity to demand a jury trial of such issue.Failure to make such demand within the time limited by the court, or, ifno such time is limited, before trial begins, shall be deemed a waiverof the right to trial by jury. An order under this rule shall specifythe issue to be tried.