N.Y. Civil Practice Law & Rules § 4101 (2026)

§ 4101. Issues triable by a jury revealed before trial. In the
following actions, the issues of fact shall be tried by a jury unless a
jury trial is waived or a reference is directed under section 4317,
except that equitable defenses and equitable counterclaims shall be
tried by the court:
  1. an action in which a party demands and sets forth facts which would
permit a judgment for a sum of money only;
  2. an action of ejectment; for dower; for waste; for abatement of and
damages for a nuisance; to recover a chattel; or for determination of a
claim to real property under article fifteen of the real property
actions and proceedings law; and
  3. any other action in which a party is entitled by the constitution
or by express provision of law to a trial by jury.