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.