N.Y. New York City Civil Court Act § 1806-a: Trial by jury; how obtained; discretionary costs

§ 1806-A. Trial by jury; how obtained; discretionary costs. A claimant

commencing an action upon a commercial claim under this article shall be

deemed to have waived a trial by jury, but if said action shall be

removed to a regular part of the court, the claimant shall have the same

right to demand a trial by jury as if such action had originally been

begun in such part. Any party to such action, other than the claimant,

prior to the day upon which he is notified to appear or answer, may file

with the court a demand for a trial by jury and his affidavit that there

are issues of fact in the action requiring such a trial, specifying the

same and stating that such trial is desired and intended in good faith.

Such demand and affidavit shall be accompanied with the jury fee

required by law and an undertaking in the sum of fifty dollars in such

form as may be approved by the rules, payable to the other party or

parties, conditioned upon the payment of any costs which may be entered

against him in the said action or any appeal within thirty days after

the entry thereof; or, in lieu of said undertaking, the sum of fifty

dollars may be deposited with the clerk of the court and thereupon the

clerk shall forthwith transmit such original papers or duly attested

copies thereof as may be provided by the rules to the part of the court

to which the action shall have been transferred and assigned and such

part may require pleadings in such action as though it had been begun by

the service of a summons. Such action may be considered a preferred

cause of action. In any commercial claim which may have been transferred

to another part of the court, the court may award costs up to

twenty-five dollars to the claimant if the claimant prevails.