N.Y. C.P.L.R. 410

§ 410. Trial. If triable issues of fact are raised they shall be tried\nforthwith and the court shall make a final determination thereon. If\nissues are triable of right by jury, the court shall give the parties an\nopportunity to demand a jury trial of such issues. Failure to make such\ndemand within the time limited by the court, or, if no such time is\nlimited, before trial begins, shall be deemed a waiver of the right to\ntrial by jury.\n