N.Y. Civil Practice Law & Rules § 4103: Issues triable by a jury revealed at trial; demand and waiver of trial by jury

§ 4103. Issues triable by a jury revealed at trial; demand and waiver

of trial by jury. When it appears in the course of a trial by the court

that the relief required, although not originally demanded by a party,

entitles the adverse party to a trial by jury of certain issues of fact,

the court shall give the adverse party an opportunity to demand a jury

trial of such issues. Failure to make such demand within the time

limited by the court shall be deemed a waiver of the right to trial by

jury. Upon such demand, the court shall order a jury trial of any issues

of fact which are required to be tried by jury.