Appellate Practice Attorney serving New York, NY
Assuming the case is in in the Supreme Court of Rockland County, and not some other court which may have different rules, a party, usually the plaintiff, files, through his or her attorney (unless htey are acting pro se) a document known as a "Note of Issue" when the case is ready to be placed on the trial calendar. At that time, the party filing the Note of Issue notes whether he/she/it wants a jury trial or not. If the party does not indicate that a jury is desired, the other party (generally the defendant) can then request one. IF they don't, they waive their right to a jury trial, Thus, assuming that it is the type of case where there can be a jury (some equitable claims must be decided by judges, not juries), the case will be tried before a jury if either side (by their attorneys) timely requests one.
Answered on Sep 18th, 2017 at 11:04 AM