New York Statutes
§ 4109 — Peremptory challenges
New York § 4109
This text of New York § 4109 (Peremptory challenges) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
N.Y. Civil Practice Law & Rules § 4109 (2026).
Text
§ 4109. Peremptory challenges. The plaintiff or plaintiffs shall have\na combined total of three peremptory challenges plus one peremptory\nchallenge for every two alternate jurors. The defendant or defendants\n(other than any third-party defendant or defendants) shall have a\ncombined total of three peremptory challenges, plus one peremptory\nchallenge for every two alternate jurors. The court, in its discretion\nbefore the examination of jurors begins, may grant an equal number of\nadditional challenges to both sides as may be appropriate. In any case\nwhere a side has two or more parties, the court, in its discretion, may\nallocate that side's combined total of peremptory challenges among those\nparties in such manner as may be appropriate.\n
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Related
Carlisle v. County of Nassau
64 A.D.2d 15 (Appellate Division of the Supreme Court of New York, 1978)
Koperda v. Town of Whitestown
224 A.D.2d 944 (Appellate Division of the Supreme Court of New York, 1996)
Liebman v. County of Westchester
71 Misc. 2d 997 (New York Supreme Court, 1972)
Cadwalader, Wickersham & Taft v. Associated Builders & Owners of Greater New York, Inc.
125 Misc. 2d 827 (New York Supreme Court, 1984)
O'Neill v. City of New York
160 Misc. 2d 1086 (Civil Court of the City of New York, 1994)
Mormile v. Marshall
2024 NY Slip Op 06390 (Appellate Division of the Supreme Court of New York, 2024)
Nearby Sections
15
§ 410
Trial§ 4104
Number of jurors§ 4106
Alternate jurors§ 4108
Challenges generally§ 4109
Peremptory challenges§ 411
Judgment§ 4110
Challenges for cause§ 4110-B
Instructions to jury; objection§ 4110-C
Trial jury; viewing of premisesCite This Page — Counsel Stack
Bluebook (online)
New York § 4109, Counsel Stack Legal Research, https://law.counselstack.com/statute/ny/CVP/4109.