N.Y. Civil Practice Law & Rules § 4101: Issues triable by a jury revealed before trial

§ 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.