N.Y. Civil Practice Law & Rules § 4212: Advisory jury; referee to report

Rule 4212. Advisory jury; referee to report. Upon the motion of any

party as provided in rule 4015 or on its own initiative, the court may

submit any issue of fact required to be decided by the court to an

advisory jury or, upon a showing of some exceptional condition requiring

it or in matters of account, to a referee to report. An order under

this rule shall specify the issues to be submitted. The procedures to

be followed in the use of an advisory jury shall be the same as those

for a jury selected under article forty-one. Where no issues remain to

be tried, the court shall render decision directing judgment in the

action.