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This entry was published on 2014-09-22
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SECTION 1303
Jury trial; how obtained; jury fee
New York City Civil Court Act (CCA) CHAPTER 693, ARTICLE 13
§ 1303. Jury trial; how obtained; jury fee. (a) Either party after
joinder of issue may demand a trial by jury. The demand must be made in
writing and must be filed with the clerk with the notice of trial set
forth in § 1301. Any other party to the action within ten days after the
service of a copy of the notice of trial upon him unaccompanied by a
written notice demanding a trial by jury, may serve upon the attorneys
for all the other parties to the action a written notice demanding a
jury trial and file a copy of such notice with the clerk within three
days after service thereof. In a summary proceeding to recover
possession of real property, the demand may be made by the tenant at the
time of answering or by the landlord at any time before the day of
trial.

(b) Unless a demand is made and the jury fee paid as provided in
section nineteen hundred eleven of this act, a jury trial is waived.

(c) The Court may relieve a party from the effect of failing to comply
with this section if no undue prejudice to the rights of another party
would result.