CPLR § 4103

Issues triable by a jury revealed at trial; demand and waiver of trial by jury

§ 4103. Issues triable by a jury revealed at trial; demand and waiver of trial by jury. When it appears in the course of a trial by the court that the relief required, although not originally demanded by a party, entitles the adverse party to a trial by jury of certain issues of fact, the court shall give the adverse party an opportunity to demand a jury trial of such issues. Failure to make such demand within the time limited by the court shall be deemed a waiver of the right to trial by jury. Upon such demand, the court shall order a jury trial of any issues of fact which are required to be tried by jury.

Official sourcehttps://www.nysenate.gov/legislation/laws/CVP/4103

In plain English

If, during a bench trial, it appears the relief entitles the adverse party to a jury on certain fact issues, the court shall give that party an opportunity to demand a jury. Failure to demand within the court's time limit = waiver. On demand, the court orders a jury trial of the required issues.

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.

In print

This provision appears in Volume 2 — The JG-22 CPLR and in Volume 1 — The JG-22 in Plain English.