New York Consolidated Laws
N.Y. Domestic Relations Law § 173 (2026)
Jury trial
✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 173. Jury trial. In an action for divorce there is a right to trial by jury of the issues of the grounds for granting the divorce.
Notes of Decisions
Cited in 9
cases, 1998–2015 · leading case: Trbovich v. Trbovich, 122 A.D.3d 1381 (N.Y. App. Div. 4th Dep't 2014).
Trbovich v. Trbovich, 122 A.D.3d 1381 (N.Y. App. Div. 4th Dep't 2014). “Domestic Relations Law § 173 reads: “In an action for divorce there is a right to trial by jury of the issues of the grounds for granting the divorce.”
Tuper, Patricia P. v. Tuper, Kenneth E., 98 A.D.3d 55 (N.Y. App. Div. 4th Dep't 2012). “Bing’s representations appear consistent with the fact that the Legislature, upon enacting the no-fault statute, did not amend Domestic Relations Law § 173, which reads: “In an action for divorce there is a right to trial by jury of the issues of the grounds for granting the…”
Townes v. Coker, 35 Misc. 3d 543 (N.Y. Sup. Ct. 2012). “” It appears the court based its conclusion on the provisions of Domestic Relations Law § 173 which provides that there is a right to trial by jury when the grounds for divorce are at issue.”
Strack v. Strack, 31 Misc. 3d 258 (N.Y. Sup. Ct. 2011). “Specifically, Domestic Relations Law § 173 provides that “[i]n an action for divorce there is a right to trial by jury of the issues of the grounds for granting the divorce” and, here, the Legislature failed to include anything in Domestic Relations Law § 170 (7) to suggest that…”
Stancil v. Stancil, 47 Misc. 3d 873 (N.Y. Sup. Ct. 2015). “For instance, courts were subsequently called upon to resolve the contradiction between Domestic Relations Law § 170 (7), providing that a sworn statement of plaintiff sufficed to resolve the issue of grounds, with Domestic Relations Law § 173, which confers a right to trial in…”
Buddle v. Buddle, 62 A.D.3d 1192 (N.Y. App. Div. 3d Dep't 2009). “Citing defendant’s absolute right for a trial by jury on the issue of grounds for granting a divorce (see Domestic Relations Law § 173; DiStephan v Di Stephan, 106 AD2d 603, 606-607 [1984]), Supreme Court granted defendant’s motion and ordered the nonjury trial note of issue…”
Trbovich, Nicholas D. v. Trbovich, Jacqueline, No. CA 13-02249 (N.Y. App. Div. 4th Dep't Nov. 21, 2014). “Domestic Relations Law § 173 reads: “In an action for divorce there is a right to trial by jury of the issues of the grounds for granting the divorce.”
Trbovich v. Trbovich, 122 A.D.3d 1381 (N.Y. App. Div. 4th Dep't 2014). “Domestic Relations Law § 173 reads: “In an action for divorce there is a right to trial by jury of the issues of the grounds for granting the divorce.”
Goltzman v. Flug, 253 A.D.2d 778 (N.Y. App. Div. 2d Dep't 1998). “Plug to grant a jury trial pursuant to Domestic Relations Law § 173 in an underlying matrimonial action entitled Goltzman v Goltzman, pending in the Supreme Court, Queens County.”
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