ยง 2218. Trial of issue raised on motion. The court may order that an
issue of fact raised on a motion shall be separately tried by the court
or a referee. If the issue is triable of right by jury, the court shall
give the parties an opportunity to demand a jury trial of such issue.
Failure to make such demand within the time limited by the court, or, if
no such time is limited, before trial begins, shall be deemed a waiver
of the right to trial by jury. An order under this rule shall specify
the issue to be tried.
Structure New York Laws
CVP - Civil Practice Law and Rules
Article 22 - Stay, Motions, Orders and Mandates
2211 - Application for Order; When Motion Made.
2212 - Where Motion Made, in Supreme Court Action.
2213 - Where Motion Made, in County Court Action.
R2214 - Motion Papers; Service; Time.
R2215 - Relief Demanded by Other Than Moving Party.
R2217 - Prior Motion; Ex Parte Motion; Transfer of Motion.
2218 - Trial of Issue Raised on Motion.
R2219 - Time and Form of Order.
R2220 - Entry and Filing of Order; Service.
R2221 - Motion Affecting Prior Order.