N.Y. C.P.L.R. 2218

§ 2218. Trial of issue raised on motion. The court may order that an\nissue of fact raised on a motion shall be separately tried by the court\nor a referee. If the issue is triable of right by jury, the court shall\ngive the parties an opportunity to demand a jury trial of such issue.\nFailure to make such demand within the time limited by the court, or, if\nno such time is limited, before trial begins, shall be deemed a waiver\nof the right to trial by jury. An order under this rule shall specify\nthe issue to be tried.\n