New York Court Acts|SECTION 1303

                                                

§ 1303. Jury trial; how obtained; jury fee.

(a) Either party after joinder of issue may demand a trial by jury.
The demand must be made in writing and must be filed with the clerk with
the notice of trial set forth in § 1301. Any other party to the action
within ten days after the service of a copy of the notice of trial upon
him unaccompanied by a written notice demanding a trial by jury, may
serve upon the attorneys for all the other parties to the action a
written notice demanding a jury trial and file a copy of such notice
with the clerk within three days after service thereof. In a summary
proceeding to recover possession of real property, the demand may be
made by the tenant at the time of answering or by the landlord at any
time before the day of trial.

(b) Unless a demand is made and the jury fee paid as provided in
section nineteen hundred eleven of this act, a jury trial is waived.

(c) The court may relieve a party from the effect of failing to comply
with this section if no undue prejudice to the rights of another party
would result.