N.Y. Civil Practice Law & Rules § 2218: Trial of issue raised on motion

§ 2218. Trial of issue raised on motion. The court may order that an

issue of fact raised on a motion shall be separately tried by the court

or a referee. If the issue is triable of right by jury, the court shall

give the parties an opportunity to demand a jury trial of such issue.

Failure to make such demand within the time limited by the court, or, if

no such time is limited, before trial begins, shall be deemed a waiver

of the right to trial by jury. An order under this rule shall specify

the issue to be tried.