New York Civil Practice Law and Rules § 2218. Trial of issue raised on motion

The court may order that an issue of fact raised on a motion shall be separately tried by the court or a referee.  If the issue is triable of right by jury, the court shall give the parties an opportunity to demand a jury trial of such issue.  Failure to make such demand within the time limited by the court, or, if no such time is limited, before trial begins, shall be deemed a waiver of the right to trial by jury.  An order under this rule shall specify the issue to be tried.

FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. For more detailed codes research information, including annotations and citations, please visit Westlaw.

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.