2020 New York Laws
CVP - Civil Practice Law and Rules
Article 41 - Trial by a Jury
4102 - Demand and Waiver of Trial by Jury; Specification of Issues.

§  4102.  Demand and waiver of trial by jury; specification of issues.
(a) Demand. Any party may demand a trial by jury of any  issue  of  fact
triable of right by a jury, by serving upon all other parties and filing
a note of issue containing a demand for trial by jury.  Any party served
with  a note of issue not containing such a demand may demand a trial by
jury by serving upon each party a demand for a trial by jury and  filing
such  demand  in  the  office  where  the note of issue was filed within
fifteen days after service of the note of issue. A demand shall  not  be
accepted for filing unless a note of issue is filed in the action. If no
party  shall  demand  a  trial  by jury as provided herein, the right to
trial by jury shall be deemed waived by all parties.  A  party  may  not
withdraw  a  demand  for  trial by jury without the consent of the other
parties, regardless of whether another party previously filed a note  of
issue without a demand for trial by jury.
  (b)  Specification  of  issues.  In his demand a party may specify the
issues which he wishes tried by jury; otherwise he shall  be  deemed  to
have demanded trial by jury of all issues so triable. If he has demanded
trial  by  jury  of  only some of the issues, any other party within ten
days after service of the demand may serve and file a demand  for  trial
by jury of any other issues in the action so triable.
  (c)  Waiver. A party who has demanded the trial of an issue of fact by
a jury under this section waives his right by failing to appear  at  the
trial,  by  filing  a written waiver with the clerk or by oral waiver in
open court. A waiver does not  withdraw  a  demand  for  trial  by  jury
without the consent of the other parties. A party shall not be deemed to
have  waived  the  right  to trial by jury of the issues of fact arising
upon a claim, by joining it with another claim  with  respect  to  which
there  is  no  right to trial by jury and which is based upon a separate
transaction; or of the issues  of  fact  arising  upon  a  counterclaim,
cross-claim  or third party claim, by asserting it in an action in which
there is no right to trial by jury.
  (d) Local rules. The chief administrator of the  courts  may  by  rule
provide  that  a party shall be deemed to have demanded trial by jury by
filing a note of issue not containing an  express  waiver  of  trial  by
jury.
  (e)  Relief by court. 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.