N.Y. Civil Practice Law & Rules § 410: Trial

§ 410. Trial. If triable issues of fact are raised they shall be tried

forthwith and the court shall make a final determination thereon. If

issues are triable of right by jury, the court shall give the parties an

opportunity to demand a jury trial of such issues. 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.