N.Y. Civil Practice Law & Rules Section 2218
Trial of issue raised on motion

The court may order that an issue of fact raised on a motion shall be separately tried by the court or a referee. If the issue is triable of right by jury, the court shall give 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, if no such time is limited, before trial begins, shall be deemed a waiver of the right to trial by jury. An order under this rule shall specify the issue to be tried.

Source: Section 2218 — Trial of issue raised on motion, https://www.­nysenate.­gov/legislation/laws/CVP/2218 (updated Sep. 22, 2014; accessed Feb. 28, 2026).

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Verified:
Feb. 28, 2026

Last modified:
Sep. 22, 2014

§ 2218. Trial of issue raised on motion's source at nysenate​.gov

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