2006 New York Code - Trial By Jury; How Obtained; Discretionary Costs.



 
    § 1806-A. Trial by jury; how obtained; discretionary costs. A claimant
  commencing an action upon a commercial claim under this article shall be
  deemed  to  have  waived  a  trial  by jury, but if said action shall be
  removed to a regular part of the court, the claimant shall have the same
  right to demand a trial by jury as if such action  had  originally  been
  begun  in  such part. Any party to such action, other than the claimant,
  prior to the day upon which he is notified to appear or answer, may file
  with the court a demand for a trial by jury and his affidavit that there
  are issues of fact in the action requiring such a trial, specifying  the
  same  and stating that such trial is desired and intended in good faith.
  Such demand and  affidavit  shall  be  accompanied  with  the  jury  fee
  required  by  law and an undertaking in the sum of fifty dollars in such
  form as may be approved by the rules, payable  to  the  other  party  or
  parties,  conditioned upon the payment of any costs which may be entered
  against him in the said action or any appeal within  thirty  days  after
  the  entry  thereof;  or,  in lieu of said undertaking, the sum of fifty
  dollars may be deposited with the clerk of the court and  thereupon  the
  clerk  shall  forthwith  transmit  such original papers or duly attested
  copies thereof as may be provided by the rules to the part of the  court
  to  which  the  action shall have been transferred and assigned and such
  part may require pleadings in such action as though it had been begun by
  the service of a summons. Such action  may  be  considered  a  preferred
  cause of action. In any commercial claim which may have been transferred
  to  another  part  of  the  court,  the  court  may  award  costs  up to
  twenty-five dollars to the claimant if the claimant prevails.

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