2006 New York Code - Jury Trial; How Obtained; Jury Fee.

 
  § 1303. Jury trial; how obtained; jury fee.
    (a)  Either  party  after joinder of issue may demand a trial by jury.
  The demand must be made in writing and must be filed with the clerk with
  the notice of trial set forth in § 1301. Any other party to  the  action
  within  ten days after the service of a copy of the notice of trial upon
  him unaccompanied by a written notice demanding a  trial  by  jury,  may
  serve  upon  the  attorneys  for  all  the other parties to the action a
  written notice demanding a jury trial and file a  copy  of  such  notice
  with  the  clerk  within  three days after service thereof. In a summary
  proceeding to recover possession of real property,  the  demand  may  be
  made  by  the  tenant at the time of answering or by the landlord at any
  time before the day of trial.
    (b) Unless a demand is made and the  jury  fee  paid  as  provided  in
  section nineteen hundred eleven of this act, a jury trial is waived.
    (c) The court may relieve a party from the effect of failing to comply
  with  this  section if no undue prejudice to the rights of another party
  would result.