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

 
    §  1806.  Trial  by  jury; how obtained; discretionary costs. A person
  commencing an action upon a small 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  plaintiff  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
  plaintiff,  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 small claim which may
  have been transferred to another part of the court, the court may  award
  costs up to twenty-five dollars to the plaintiff if he prevails.