§ 1806-A — Trial by jury; how obtained; discretionary costs

New York § 1806-A

• Jurisdiction: New York
• Law CCA: New York City Civil Court
• Art. 18-A: Commercial Claims

Text

§ 1806-A. Trial by jury; how obtained; discretionary costs. A claimant\ncommencing an action upon a commercial claim under this article shall be\ndeemed to have waived a trial by jury, but if said action shall be\nremoved to a regular part of the court, the claimant shall have the same\nright to demand a trial by jury as if such action had originally been\nbegun in such part. Any party to such action, other than the claimant,\nprior to the day upon which he is notified to appear or answer, may file\nwith the court a demand for a trial by jury and his affidavit that there\nare issues of fact in the action requiring such a trial, specifying the\nsame and stating that such trial is desired and intended in good faith.\nSuch demand and affidavit shall be accompanied with the jury fee\nrequired by law and an undertaking in the sum of fifty dollars in such\nform as may be approved by the rules, payable to the other party or\nparties, conditioned upon the payment of any costs which may be entered\nagainst him in the said action or any appeal within thirty days after\nthe entry thereof; or, in lieu of said undertaking, the sum of fifty\ndollars may be deposited with the clerk of the court and thereupon the\nclerk shall forthwith transmit such original papers or duly attested\ncopies thereof as may be provided by the rules to the part of the court\nto which the action shall have been transferred and assigned and such\npart may require pleadings in such action as though it had been begun by\nthe service of a summons. Such action may be considered a preferred\ncause of action. In any commercial claim which may have been transferred\nto another part of the court, the court may award costs up to\ntwenty-five dollars to the claimant if the claimant prevails.\n