N.Y. Uniform District Court Act § 1806: Trial by jury; how obtained; discretionary costs

§ 1806. Trial by jury; how obtained; discretionary costs.

A person commencing an action upon a small 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 plaintiff 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

plaintiff, 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 small claim which may

have been transferred to another part of the court, the court may award

costs up to twenty-five dollars to the plaintiff if he prevails.