N.Y. CPLR § 4102

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 4102 Demand and waiver of trial by jury; specification of issues.(a) Demand § 4102. Demand and waiver of trial by jury; specification of issues.(a) Demand. Any party may demand a trial by jury of any issue of facttriable of right by a jury, by serving upon all other parties and filinga note of issue containing a demand for trial by jury. Any party servedwith a note of issue not containing such a demand may demand a trial byjury by serving upon each party a demand for a trial by jury and filingsuch demand in the office where the note of issue was filed withinfifteen days after service of the note of issue. A demand shall not beaccepted for filing unless a note of issue is filed in the action. If noparty shall demand a trial by jury as provided herein, the right totrial by jury shall be deemed waived by all parties. A party may notwithdraw a demand for trial by jury without the consent of the otherparties, regardless of whether another party previously filed a note ofissue without a demand for trial by jury.(b) Specification of issues. In his demand a party may specify theissues which he wishes tried by jury; otherwise he shall be deemed tohave demanded trial by jury of all issues so triable. If he has demandedtrial by jury of only some of the issues, any other party within tendays after service of the demand may serve and file a demand for trialby jury of any other issues in the action so triable.(c) Waiver. A party who has demanded the trial of an issue of fact bya jury under this section waives his right by failing to appear at thetrial, by filing a written waiver with the clerk or by oral waiver inopen court. A waiver does not withdraw a demand for trial by jurywithout the consent of the other parties. A party shall not be deemed tohave waived the right to tria erk or by oral waiver inopen court. A waiver does not withdraw a demand for trial by jurywithout the consent of the other parties. A party shall not be deemed tohave waived the right to trial by jury of the issues of fact arisingupon a claim, by joining it with another claim with respect to whichthere is no right to trial by jury and which is based upon a separatetransaction; or of the issues of fact arising upon a counterclaim,cross-claim or third party claim, by asserting it in an action in whichthere is no right to trial by jury.(d) Local rules. The chief administrator of the courts may by ruleprovide that a party shall be deemed to have demanded trial by jury byfiling a note of issue not containing an express waiver of trial byjury.(e) Relief by court. The court may relieve a party from the effect offailing to comply with this section if no undue prejudice to the rightsof another party would result.