N.Y. Civil Practice Law & Rules Section 4103
Issues triable by a jury revealed at trial

  • demand and waiver of trial by jury
When it appears in the course of a trial by the court that the relief required, although not originally demanded by a party, entitles the adverse party to a trial by jury of certain issues of fact, the court shall give the adverse party an opportunity to demand a jury trial of such issues. Failure to make such demand within the time limited by the court shall be deemed a waiver of the right to trial by jury. Upon such demand, the court shall order a jury trial of any issues of fact which are required to be tried by jury.

Source: Section 4103 — Issues triable by a jury revealed at trial; demand and waiver of trial by jury, https://www.­nysenate.­gov/legislation/laws/CVP/4103 (updated Sep. 22, 2014; accessed Dec. 13, 2025).

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Verified:
Dec. 13, 2025

Last modified:
Sep. 22, 2014

§ 4103. Issues triable by a jury revealed at trial's source at nysenate​.gov

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