N.Y. CPLR § 4101
N.Y. CPLR § 4101 - Issues Triable by a Jury Revealed Before Trial
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NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 4101 Issues triable by a jury revealed before trial § 4101. Issues triable by a jury revealed before trial. In thefollowing actions, the issues of fact shall be tried by a jury unless ajury trial is waived or a reference is directed under section 4317,except that equitable defenses and equitable counterclaims shall betried by the court:1. an action in which a party demands and sets forth facts which wouldpermit a judgment for a sum of money only;2. an action of ejectment; for dower; for waste; for abatement of anddamages for a nuisance; to recover a chattel; or for determination of aclaim to real property under article fifteen of the real propertyactions and proceedings law; and3. any other action in which a party is entitled by the constitutionor by express provision of law to a trial by jury.