N.Y. C.P.L.R. § 2218

Current through 2021 NY Law Chapter 833
Section 2218 - Trial of issue raised on motion

The court may order that an issue of fact raised on a motion shall be separately tried by the court or a referee. If the issue is triable of right by jury, the court shall give the parties an opportunity to demand a jury trial of such issue. Failure to make such demand within the time limited by the court, or, if no such time is limited, before trial begins, shall be deemed a waiver of the right to trial by jury. An order under this rule shall specify the issue to be tried.

N.Y. C.P.L.R. Law § 2218