N.Y. Civil Practice Law & Rules Section 4101
Issues triable by a jury revealed before trial

In the following actions, the issues of fact shall be tried by a jury unless a jury trial is waived or a reference is directed under section 4317, except that equitable defenses and equitable counterclaims shall be tried by the court:


an action in which a party demands and sets forth facts which would permit a judgment for a sum of money only;


an action of ejectment; for dower; for waste; for abatement of and damages for a nuisance; to recover a chattel; or for determination of a claim to real property under article fifteen of the real property actions and proceedings law; and


any other action in which a party is entitled by the constitution or by express provision of law to a trial by jury.

Source: Section 4101 — Issues triable by a jury revealed before trial, https://www.­nysenate.­gov/legislation/laws/CVP/4101 (updated Sep. 22, 2014; accessed Nov. 25, 2023).

Nov. 25, 2023

Last modified:
Sep. 22, 2014

§ 4101’s source at nysenate​.gov

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