N.Y. Comp. Codes R. & Regs. tit. 22 § 202.40
Current through Register Vol. 46, No. 43, October 23, 2024
Unless otherwise ordered by the court, whenever a trial by jury is demanded on less than all issues of fact in an action, and such issues as to which a trial by jury is demanded have been specified in the note of issue or in the jury demand, as the case may be, served and filed pursuant to section 202.21 of this Part, the court without a jury first shall try all issues of fact as to which a trial by jury is not demanded. If the determination of these issues by the court does not dispose of the action, a jury shall be empanelled to try the issues as to which a trial by jury is demanded.
N.Y. Comp. Codes R. & Regs. Tit. 22 § 202.40