New York Court Acts|SECTION 1806

                                                

  § 1806. Trial by jury; how obtained; discretionary costs. A person
commencing an action upon a small claim under this article shall be
deemed to have waived a trial by jury, but if said action shall be
removed to a regular part of the court, the plaintiff shall have the
same right to demand a trial by jury as if such action had originally
been begun in such part. Any party to such action, other than the
plaintiff, prior to the day upon which he is notified to appear or
answer, may file with the court a demand for a trial by jury and his
affidavit that there are issues of fact in the action requiring such a
trial, specifying the same and stating that such trial is desired and
intended in good faith. Such demand and affidavit shall be accompanied
with the jury fee required by law and an undertaking in the sum of fifty
dollars in such form as may be approved by the rules, payable to the
other party or parties, conditioned upon the payment of any costs which
may be entered against him in the said action or any appeal within
thirty days after the entry thereof; or, in lieu of said undertaking,
the sum of fifty dollars may be deposited with the clerk of the court
and thereupon the clerk shall forthwith transmit such original papers or
duly attested copies thereof as may be provided by the rules to the part
of the court to which the action shall have been transferred and
assigned and such part may require pleadings in such action as though it
had been begun by the service of a summons. Such action may be
considered a preferred cause of action. In any small claim which may
have been transferred to another part of the court, the court may award
costs up to twenty-five dollars to the plaintiff if he prevails.