Issues triable by a jury revealed before trial
§ 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.
1. an action demanding a judgment for a sum of money only; ★
2. ejectment; dower; waste; abatement of/damages for a nuisance; to recover a chattel; or determination of a claim to real property under RPAPL Art. 15;
3. any other action where a party is entitled to a jury by the constitution or express provision of law.
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 2 — The JG-22 CPLR and in Volume 1 — The JG-22 in Plain English.