{"jurisdiction": "us-ny", "code": "cplr", "section": "4101", "citation": "CPLR § 4101", "heading": "Issues triable by a jury revealed before trial", "text": ["§ 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."], "official_source": "https://www.nysenate.gov/legislation/laws/CVP/4101", "from_official_api": true, "plain_english": "- In these actions, issues of fact **shall be tried by a jury** (unless waived or a reference is directed under § 4317), **except equitable defenses/counterclaims are tried by the court**: ★\n  1. an action demanding **a judgment for a sum of money only**; ★\n  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;\n  3. any other action where a party is entitled to a jury **by the constitution or express provision of law.**", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cplr/4101", "publisher": "Elyphived LLC"}