2016 New York Laws
CVP - Civil Practice Law & Rules
Article 41 - (Civil Practice Law & Rules) TRIAL BY A JURY
4101 - Issues triable by a jury revealed before trial.

NY CPLR § 4101 (2016) What's This?

4101. Issues triable by a jury revealed before trial. In the following actions, the issues of fact shall be tried by a jury unless a jury trial is waived or a reference is directed under section 4317, except that equitable defenses and equitable counterclaims shall be tried by the court:

1. an action in which a party demands and sets forth facts which would permit a judgment for a sum of money only;

2. an action of ejectment; for dower; for waste; for abatement of and damages for a nuisance; to recover a chattel; or for determination of a claim to real property under article fifteen of the real property actions and proceedings law; and

3. any other action in which a party is entitled by the constitution or by express provision of law to a trial by jury.

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