New York Consolidated Laws, Civil Practice Law and Rules - CVP § 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.

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