N.Y. C.P.L.R. 4101

§ 4101. Issues triable by a jury revealed before trial. In the\nfollowing actions, the issues of fact shall be tried by a jury unless a\njury trial is waived or a reference is directed under section 4317,\nexcept that equitable defenses and equitable counterclaims shall be\ntried by the court:\n 1. an action in which a party demands and sets forth facts which would\npermit a judgment for a sum of money only;\n 2. an action of ejectment; for dower; for waste; for abatement of and\ndamages for a nuisance; to recover a chattel; or for determination of a\nclaim to real property under article fifteen of the real property\nactions and proceedings law; and\n 3. any other action in which a party is entitled by the constitution\nor by express provision of law to a trial by jury.\n