N.Y. Debtor & Creditor Law § 71

§ 71. Proceedings if jurors do not agree. There shall be but one trial\nby jury. If the jurors cannot agree, after being kept together for such\na time as the court deems reasonable, the court must discharge them, and\ndetermine the questions of fact, or those questions as to which the\njurors have not agreed, upon the evidence taken before the jury, as if a\njury had not been demanded.\n