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This entry was published on 2014-09-22
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SECTION 4101
Issues triable by a jury revealed before trial
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 41
§ 4101. Issues triable by a jury revealed before trial. In the
following actions, the issues of fact shall be tried by a jury unless a
jury trial is waived or a reference is directed under section 4317,
except that equitable defenses and equitable counterclaims shall be
tried by the court:

1. an action in which a party demands and sets forth facts which would
permit a judgment for a sum of money only;

2. an action of ejectment; for dower; for waste; for abatement of and
damages for a nuisance; to recover a chattel; or for determination of a
claim to real property under article fifteen of the real property
actions and proceedings law; and

3. any other action in which a party is entitled by the constitution
or by express provision of law to a trial by jury.