CPLR 4101 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search up ARTICLE 41 Trial By a Jury next SECTION 4102 Demand and waiver of trial by jury; specification of issues Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 4101 Issues triable by a jury revealed before trial Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 41 § 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.