reglab/statecodes huggingface dataset:
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 32 - Accelerated Judgment › R3217 - Voluntary Discontinuance.

Rule  3217.  Voluntary discontinuance. (a) Without an order. Any party
asserting a claim may discontinue it without an order
1.  by  serving  upon  all  parties  to  the  action   a   notice   of
discontinuance at any time before a responsive pleading is served or, if
no  responsive pleading is required, within twenty days after service of
the pleading asserting the claim and filing the  notice  with  proof  of
service with the clerk of the court; or
2.  by  filing  with  the  clerk of the court before the case has been
submitted to the court or jury a stipulation in writing  signed  by  the
attorneys  of  record  for  all  parties,  provided  that no party is an
infant, incompetent person for whom a committee has  been  appointed  or
conservatee  and  no  person  not a party has an interest in the subject
matter of the action; or
3. by filing with the clerk of the court  before  the  case  has  been
submitted to the court or jury a certificate or notice of discontinuance
stating  that  any  parcel  of  land  which is the subject matter of the
action is to be excluded pursuant to title three of  article  eleven  of
the real property tax law.
(b)  By  order  of  court.  Except  as provided in subdivision (a), an
action shall not be discontinued by a party  asserting  a  claim  except
upon  order  of  the  court  and upon terms and conditions, as the court
deems proper.  After the cause has been submitted to the court  or  jury
to  determine  the  facts the court may not order an action discontinued
except upon the stipulation of all parties appearing in the action.
(c) Effect of discontinuance. Unless otherwise stated in  the  notice,
stipulation  or  order  of discontinuance, the discontinuance is without
prejudice, except that a discontinuance by means of notice  operates  as
an  adjudication on the merits if the party has once before discontinued
by any method an action based on or including the same cause  of  action
in a court of any state or the United States.
(d)  All  notices, stipulations, or certificates pursuant to this rule
shall be filed with the county clerk by the defendant.
(e) Effect of discontinuance upon certain instruments. In  any  action
on an instrument described under subdivision four of section two hundred
thirteen  of  this chapter, the voluntary discontinuance of such action,
whether on motion, order, stipulation or by notice, shall not,  in  form
or  effect,  waive,  postpone, cancel, toll, extend, revive or reset the
limitations period to commence an  action  and  to  interpose  a  claim,
unless expressly prescribed by statute.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 32 - Accelerated Judgment › R3219 - Tender.

Rule  3219.  Tender. At any time not later than ten days before trial,
  any party against whom a cause of action based upon contract,  expressed
  or  implied,  is  asserted,  and against whom a separate judgment may be
  taken, may, without court order, deposit with the clerk of the court for
  safekeeping, an amount deemed by him to be  sufficient  to  satisfy  the
  claim asserted against him, and serve upon the claimant a written tender
  of  payment to satisfy such claim. A copy of the written tender shall be
  filed with the clerk when the money is so  deposited.  The  clerk  shall
  place money so received in the safe or vault of the court to be provided
  for the safekeeping thereof, there to be kept by him until withdrawal by
  claimant  or  return  to  the depositor or payment thereof to the county
  treasurer or commissioner of  finance  of  the  city  of  New  York,  as
  hereinafter  provided.  Within  ten days after such deposit the claimant
  may withdraw the  amount  deposited  upon  filing  a  duly  acknowledged
  statement  that  the  withdrawal  is  in satisfaction of the claim.  The
  clerk shall thereupon enter judgment  dismissing  the  pleading  setting
  forth the claim, without costs.
Where  there  is  no withdrawal within such ten-day period, the amount
  deposited shall, upon request be repaid to the party who  deposited  it.
  If  the  tender  is not accepted and the claimant fails to obtain a more
  favorable judgment, he shall not recover interest or costs from the time
  of the offer, but shall pay costs for defending against the  claim  from
  that time. A tender shall not be made known to the jury.
Money   received  by  the  clerk  of  the  court  for  safekeeping  as
  hereinabove provided and later withdrawn by claimant or  repaid  to  the
  depositor  pursuant  to  the  provisions hereof shall not be deemed paid
  into court.   If the  deposit  is  neither  withdrawn  by  claimant  nor
  returned  to  the  depositor  upon  his request at the expiration of the
  ten-day period, the amount of such deposit shall  be  deemed  paid  into
  court  as  of the day following the expiration of the ten-day period and
  the clerk shall pay the amount of the deposit to the county treasurer or
  commissioner of finance of the city of  New  York,  in  accordance  with
  section  twenty-six  hundred  one  of  the civil practice law and rules.
  Withdrawal of such amount thereafter shall be  in  accordance  with  the
  provisions of rule twenty-six hundred seven.  Fees for services rendered
  therein by a county treasurer or the commissioner of finance of the city
  of New York are set forth in section eight thousand ten.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 32 - Accelerated Judgment › R3220 - Offer to Liquidate Damages Conditionally.

Rule  3220.  Offer to liquidate damages conditionally. At any time not
  later than ten days before trial, any party  against  whom  a  cause  of
  action  based  upon  contract, express or implied, is asserted may serve
  upon the claimant a written offer to allow judgment to be taken  against
  him  for  a sum therein specified, with costs then accrued, if the party
  against whom the claim is asserted fails in his defense. If  within  ten
  days thereafter the claimant serves a written notice that he accepts the
  offer,  and  damages  are  awarded  to  him  on the trial, they shall be
  assessed in the sum specified in the offer.  If  the  offer  is  not  so
  accepted  and the claimant fails to obtain a more favorable judgment, he
  shall pay the expenses necessarily incurred by the  party  against  whom
  the  claim is asserted, for trying the issue of damages from the time of
  the offer. The expenses shall be ascertained by  the  judge  or  referee
  before  whom  the  case  is tried. An offer under this rule shall not be
  made known to the jury.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 32 - Accelerated Judgment › R3221 - Offer to Compromise.

Rule 3221. Offer to compromise. Except in a matrimonial action, at any
  time  not  later  than  ten  days before trial, any party against whom a
  claim is asserted, and against whom a separate judgment  may  be  taken,
  may  serve  upon  the  claimant  a written offer to allow judgment to be
  taken against him for a  sum  or  property  or  to  the  effect  therein
  specified,  with  costs  then accrued. If within ten days thereafter the
  claimant serves a written notice that he accepts the offer, either party
  may file the summons, complaint and offer, with proof of acceptance, and
  thereupon the clerk shall enter judgment accordingly.  If the  offer  is
  not accepted and the claimant fails to obtain a more favorable judgment,
  he  shall  not  recover  costs from the time of the offer, but shall pay
  costs from that time. An offer of judgment shall not be  made  known  to
  the jury.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 32 - Accelerated Judgment › R3222 - Action on Submitted Facts.

Rule  3222.  Action  on  submitted facts. (a) Commencement. An action,
except a matrimonial action, may be commenced by filing with the clerk a
submission of the controversy, acknowledged by all parties in  the  form
required  to entitle a deed to be recorded. The submission shall consist
of  a  case,  containing  a  statement  of  the  facts  upon  which  the
controversy  depends,  and  a statement that the controversy is real and
that the submission is made in good faith for the purpose of determining
the rights of the parties. If made to the supreme court, the  submission
shall specify the particular county clerk with whom the papers are to be
filed.
(b)  Subsequent  proceedings.    Subsequent  proceedings  shall be had
according to the civil practice law and rules except that:
1. an order of attachment or a preliminary  injunction  shall  not  be
granted;
2. the controversy shall be determined on the case alone;
3.  if  the submission is made to the supreme court, it shall be heard
and determined either by the court, or by the  appellate  division,  or,
with  his  consent,  by a specified judge or referee, as the parties may
stipulate;
4. on such a submission the court, judge or referee may find facts  by
inference from the facts stipulated; and
5.  if  the statement of facts in the case is not sufficient to enable
the court to enter judgment the submission shall  be  dismissed  or  the
court shall allow the filing of an additional statement.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 34 - Calendar Practice; Trial Preferences › R3401 - Rules for the Hearing of Causes.

Rule  3401.   Rules for the hearing of causes. The chief administrator
  of the courts shall adopt rules regulating the hearing of causes,  which
  may   include  the  filing  of  notes  of  issue,  the  preparation  and
  publication of calendars and the calendar practice for the courts of the
  unified court system. Insofar as practicable, such rules within the city
  of New York shall be uniform.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 34 - Calendar Practice; Trial Preferences › R3402 - Note of Issue.

Rule  3402.  Note  of issue. (a) Placing case on calendar. At any time
after issue is first joined, or at least forty days after service  of  a
summons  has  been completed irrespective of joinder of issue, any party
may place a case upon the calendar by  filing,  within  ten  days  after
service,  with  proof of such service two copies of a note of issue with
the clerk and such other data as may be required by the applicable rules
of the court in which the note is filed. The clerk shall enter the  case
upon the calendar as of the date of the filing of the note of issue.
(b)  New  parties. A party who brings in a new party shall within five
days thereafter serve him with the note of issue and  file  a  statement
with  the clerk advising him of the bringing in of such new party and of
any change in the title of the action, with proof of service of the note
of issue upon the new party, and of such statement upon all parties  who
have  appeared  in  the action. The case shall retain its place upon the
calendar unless the court otherwise directs.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 34 - Calendar Practice; Trial Preferences › R3403 - Trial Preferences.

Rule  3403.  Trial preferences. (a) Preferred cases. Civil cases shall
be tried in the order in which notes of issue have been filed,  but  the
following shall be entitled to a preference:
1.  an  action  brought  by  or  against  the  state,  or  a political
subdivision of the state, or an officer or  board  of  officers  of  the
state  or  a  political subdivision of the state, in his or its official
capacity, on the application of the state, the political subdivision, or
the officer or board of officers;
2. an action where a preference is provided for by statute; and
3. an action in which the interests of justice will be  served  by  an
early trial.
4.  in  any action upon the application of a party who has reached the
age of seventy years.
5. an action to recover  damages  for  medical,  dental  or  podiatric
malpractice.
6.  an  action  to  recover  damages  for  personal injuries where the
plaintiff is terminally ill and alleges that such terminal illness is  a
result of the conduct, culpability or negligence of the defendant.
7.  any  action which has been revived pursuant to section two hundred
fourteen-g or two hundred fourteen-j of this chapter.
(b) Obtaining preference. Unless the court otherwise orders, notice of
a motion for preference shall be served with the note of  issue  by  the
party  serving  the note of issue, or ten days after such service by any
other party; or thereafter during the pendency of the  action  upon  the
application  of  a party who reaches the age of seventy years, or who is
terminally ill.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 34 - Calendar Practice; Trial Preferences › R3404 - Dismissal of Abandoned Cases.

Rule  3404.  Dismissal of abandoned cases. A case in the supreme court
  or a county court marked "off" or struck from the calendar or unanswered
  on a clerk's calendar call, and not restored within one year thereafter,
  shall be deemed abandoned and  shall  be  dismissed  without  costs  for
  neglect  to prosecute. The clerk shall make an appropriate entry without
  the necessity of an order.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 34 - Calendar Practice; Trial Preferences › R3405 - Arbitration of Certain Claims.

Rule 3405. Arbitration of certain claims. The chief judge of the court
  of  appeals  may  promulgate rules for the arbitration of claims for the
  recovery of a sum of money not exceeding six thousand dollars, exclusive
  of interest, pending in any court or courts except the  civil  court  of
  the  city of New York, and not exceeding ten thousand dollars, exclusive
  of interest, pending in the civil court of the city of  New  York.  Such
  rules  must  permit  a  jury  trial  de  novo  upon  demand by any party
  following the determination of  the  arbitrators  and  may  require  the
  demander  to pay the cost of arbitration; and shall also provide for all
  procedures necessary to initiate, conduct and determine the arbitration.
  A judgment may be entered upon the arbitration award.  The  rules  shall
  further   provide   for   the  recruitment  and  qualifications  of  the
  arbitrators and for their  compensation;  except  that  such  rules  may
  authorize  use of judicial hearing officers as arbitrators. All expenses
  for compensation, reimbursement and administration under this rule shall
  be a  state  charge  to  be  paid  out  of  funds  appropriated  to  the
  administrative office for the courts for that purpose.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 34 - Calendar Practice; Trial Preferences › R3407 - Preliminary Conference in Personal Injury Actions Involving Certain Terminally Ill Parties.

Rule 3407. Preliminary conference in personal injury actions involving
certain terminally ill parties. (a) Request for conference. At any time,
a  party  to  an  action  who  is  terminally  ill, and who asserts in a
pleading in such action that such terminal illness is the result of  the
culpable  conduct  of  another  party  to  such  action,  may request an
expedited preliminary conference in such action. Such request  shall  be
filed  in  writing with the clerk of the court, and shall be accompanied
by a physician's affidavit stating that the party is terminally ill, the
nature of the terminal illness, and the duration of life  expectancy  of
such  party,  if known. The court shall hold a preliminary conference in
such action within twenty days after the filing of such a request.
(b) 1. Preliminary conference. At  such  preliminary  conference,  the
court shall issue an order establishing a schedule for the completion of
all  discovery proceedings, to be completed within ninety days after the
date of the preliminary conference, unless it can  be  demonstrated  for
good cause that a longer period is necessary.
2. At such preliminary conference, the court shall issue an order that
a  note  of  issue  and certificate of readiness be filed in such action
within a period of time specified in the order, that the action  receive
a  preference  in trial, and that the trial be commenced within one year
from the date of such order. In its discretion, and upon application  of
any party, the court may advance or adjourn such trial date based on the
circumstances of the case.
3.  Notwithstanding  the provisions of subdivision (b) of rule 3214 of
this chapter, the service or pendency of a motion under rule 3211,  3212
or  section  3213 of this chapter shall not stay disclosure in an action
where a preliminary conference order has been entered pursuant  to  this
rule.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 34 - Calendar Practice; Trial Preferences › R3409 - Settlement Conference in Dental, Podiatric and Medical Malpractice Actions.

Rule  3409.  Settlement  conference  in  dental, podiatric and medical
  malpractice actions. In every dental, podiatric or  medical  malpractice
  action,  the  court  shall hold a mandatory settlement conference within
  forty-five days after the filing of the note of issue and certificate of
  readiness or, if  a  party  moves  to  vacate  the  note  of  issue  and
  certificate  of  readiness,  within  forty-five days after the denial of
  such motion. Where parties are represented by  counsel,  only  attorneys
  fully familiar with the action and authorized to dispose of the case, or
  accompanied  by  a  person  empowered  to  act  on  behalf  of the party
  represented, will be  permitted  to  appear  at  the  conference.  Where
  appropriate,  the  court  may order parties, representatives of parties,
  representatives of insurance carriers or persons having an  interest  in
  any  settlement  to  also  attend  in  person  or  telephonically at the
  settlement conference. The chief  administrative  judge  shall  by  rule
  adopt procedures to implement such settlement conference.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 40 - Trial Generally › 4001 - Powers of Referees.

§  4001.    Powers  of  referees.  A  court  may  appoint a referee to
  determine an issue, perform an act, or inquire and report  in  any  case
  where  this  power  was  heretofore  exercised  and  as may be hereafter
  authorized by law.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 40 - Trial Generally › R4011 - Sequence of Trial.

Rule  4011. Sequence of trial. The court may determine the sequence in
  which the issues shall be tried and otherwise regulate  the  conduct  of
  the  trial  in order to achieve a speedy and unprejudiced disposition of
  the matters at issue in a setting of proper decorum.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 40 - Trial Generally › R4012 - Marked Pleadings Furnished.

Rule  4012.    Marked pleadings furnished. The party who has filed the
  note of issue shall furnish the judge who is to  preside  at  the  trial
  with copies of each pleading, where they have not been superseded by the
  pre-trial  order,  plainly  marked  to  indicate  which  statements  are
  admitted and which controverted by the responsive pleading.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 40 - Trial Generally › R4013 - Trial Elsewhere Than at Courthouse.

Rule 4013. Trial elsewhere than at courthouse. Upon stipulation of the
  parties, the judge who is to preside at the trial of an issue may direct
  trial  in  whole  or  in  part  at  a  specified  place  other  than the
  courthouse.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 40 - Trial Generally › R4015 - Time for Motion for Referee or Advisory Jury.

Rule  4015. Time for motion for referee or advisory jury. A motion for
  trial by a referee or an advisory jury shall be made within twenty  days
  after  note of issue is filed, except where the issue to be tried arises
  on a motion or pursuant to a judgment.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 40 - Trial Generally › R4016 - Opening and Closing Statements.

Rule  4016. Opening and closing statements. (a) Before any evidence is
offered, an attorney for each plaintiff having a separate right, and  an
attorney for each defendant having a separate right, may make an opening
statement.  At  the  close  of  all the evidence on the issues tried, an
attorney for each such party may make a  closing  statement  in  inverse
order to opening statements.
(b) In any action to recover damages for personal injuries or wrongful
death,  the  attorney  for a party shall be permitted to make reference,
during closing statement, to a specific dollar amount that the  attorney
believes  to  be appropriate compensation for any element of damage that
is sought to be recovered in the action. In the event that  an  attorney
makes  such  a  reference  in an action being tried by a jury, the court
shall, upon the request of any party, during the court's instructions to
the jury at the conclusion of all closing statements, instruct the  jury
that:
(1)  the  attorney's  reference  to  such  specific  dollar  amount is
permitted as argument;
(2) the attorney's reference  to  a  specific  dollar  amount  is  not
evidence and should not be considered by the jury as evidence; and
(3) the determination of damages is solely for the jury to decide.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 40 - Trial Generally › 4017 - Objections.

§  4017.  Objections.  Formal  exceptions  to rulings of the court are
  unnecessary.  At the time a ruling or order of the court is requested or
  made a party shall make known the action which he requests the court  to
  take or, if he has not already indicated it, his objection to the action
  of  the  court.    Failure to so make known objections, as prescribed in
  this section or in section 4110-b, may restrict review  upon  appeal  in
  accordance  with paragraphs three and four of subdivision (a) of section
  5501.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 40 - Trial Generally › R4019 - Recording in Camera Interviews of Infants.

Rule  4019.  Recording  in  camera  interviews of infants. (a) A court
shall not conduct an in camera interview of an infant in any  action  or
proceeding  to fix temporary or permanent custody or to modify judgments
and orders of custody concerning marital separation, divorce,  annulment
of  marriage and dissolution of marriage unless a stenographic record of
such interview is made.
(b) If an appeal is taken to the appellate division from a judgment or
order of the court on any such action or  proceeding,  the  stenographic
record  of  any  such  interview  shall be made a part of the record and
forwarded under seal to the appellate division.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 41 - Trial by a Jury › 4101 - Issues Triable by a Jury Revealed Before Trial.

§  4101.  Issues  triable  by  a  jury  revealed  before trial. In the
  following actions, the issues of fact shall be tried by a jury unless  a
  jury  trial  is  waived  or  a reference is directed under section 4317,
  except that equitable defenses  and  equitable  counterclaims  shall  be
  tried by the court:
1. an action in which a party demands and sets forth facts which would
  permit a judgment for a sum of money only;
2.  an action of ejectment; for dower; for waste; for abatement of and
  damages for a nuisance; to recover a chattel; or for determination of  a
  claim  to  real  property  under  article  fifteen  of the real property
  actions and proceedings law; and
3. any other action in which a party is entitled by  the  constitution
  or by express provision of law to a trial by jury.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 41 - Trial by a Jury › 4102 - Demand and Waiver of Trial by Jury; Specification of Issues.

§  4102.  Demand and waiver of trial by jury; specification of issues.
(a) Demand. Any party may demand a trial by jury of any  issue  of  fact
triable of right by a jury, by serving upon all other parties and filing
a note of issue containing a demand for trial by jury.  Any party served
with  a note of issue not containing such a demand may demand a trial by
jury by serving upon each party a demand for a trial by jury and  filing
such  demand  in  the  office  where  the note of issue was filed within
fifteen days after service of the note of issue. A demand shall  not  be
accepted for filing unless a note of issue is filed in the action. If no
party  shall  demand  a  trial  by jury as provided herein, the right to
trial by jury shall be deemed waived by all parties.  A  party  may  not
withdraw  a  demand  for  trial by jury without the consent of the other
parties, regardless of whether another party previously filed a note  of
issue without a demand for trial by jury.
(b)  Specification  of  issues.  In his demand a party may specify the
issues which he wishes tried by jury; otherwise he shall  be  deemed  to
have demanded trial by jury of all issues so triable. If he has demanded
trial  by  jury  of  only some of the issues, any other party within ten
days after service of the demand may serve and file a demand  for  trial
by jury of any other issues in the action so triable.
(c)  Waiver. A party who has demanded the trial of an issue of fact by
a jury under this section waives his right by failing to appear  at  the
trial,  by  filing  a written waiver with the clerk or by oral waiver in
open court. A waiver does not  withdraw  a  demand  for  trial  by  jury
without the consent of the other parties. A party shall not be deemed to
have  waived  the  right  to trial by jury of the issues of fact arising
upon a claim, by joining it with another claim  with  respect  to  which
there  is  no  right to trial by jury and which is based upon a separate
transaction; or of the issues  of  fact  arising  upon  a  counterclaim,
cross-claim  or third party claim, by asserting it in an action in which
there is no right to trial by jury.
(d) Local rules. The chief administrator of the  courts  may  by  rule
provide  that  a party shall be deemed to have demanded trial by jury by
filing a note of issue not containing an  express  waiver  of  trial  by
jury.
(e)  Relief by court. The court may relieve a party from the effect of
failing to comply with this section if no undue prejudice to the  rights
of another party would result.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 41 - Trial by a Jury › 4103 - Issues Triable by a Jury Revealed at Trial; Demand and Waiver of Trial by Jury.

§  4103. Issues triable by a jury revealed at trial; demand and waiver
  of trial by jury. When it appears in the course of a trial by the  court
  that  the  relief required, although not originally demanded by a party,
  entitles the adverse party to a trial by jury of certain issues of fact,
  the court shall give the adverse party an opportunity to demand  a  jury
  trial  of  such  issues.  Failure  to  make  such demand within the time
  limited by the court shall be deemed a waiver of the right to  trial  by
  jury. Upon such demand, the court shall order a jury trial of any issues
  of fact which are required to be tried by jury.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 41 - Trial by a Jury › 4105 - Persons Who Constitute the Jury.

§  4105.  Persons  who  constitute the jury. The first six persons who
  appear as their  names  are  drawn  and  called,  and  are  approved  as
  indifferent  between the parties, and not discharged or excused, must be
  sworn and constitute the jury to try the issue.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 41 - Trial by a Jury › 4106 - Alternate Jurors.

§  4106.  Alternate jurors. One or more additional jurors, to be known
  as "alternate jurors", may be drawn upon the  request  of  a  party  and
  consent  of  the court. Such alternate juror or jurors shall be drawn at
  the same time, from the same source, in the same manner,  and  have  the
  same  qualifications  as  regular  jurors,  and  be  subject to the same
  examinations and challenges. They shall be seated with,  take  the  oath
  with,  and  be  treated  in the same manner as the regular jurors. After
  final submission of the case, the court may, in its  discretion,  retain
  such  alternate juror or jurors to ensure availability if needed. At any
  time, before or after the final submission of the  case,  if  a  regular
  juror  dies,  or  becomes  ill,  or is unable to perform the duties of a
  juror, the court may order that juror discharged and draw the name of an
  alternate,  or  retained  alternate,  if  any,  who  shall  replace  the
  discharged  juror,  and be treated as if that juror had been selected as
  one of the regular jurors. Once deliberations have begun, the court  may
  allow  an alternate juror to participate in such deliberations only if a
  regular juror becomes unable to perform the duties of a juror.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 41 - Trial by a Jury › 4108 - Challenges Generally.

§ 4108. Challenges generally.  An objection to the qualifications of a
  juror must be made by a challenge unless the parties stipulate to excuse
  him.  A  challenge  of  a juror, or a challenge to the panel or array of
  jurors, shall be tried and determined by the court.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 41 - Trial by a Jury › 4109 - Peremptory Challenges.

§ 4109. Peremptory challenges.  The plaintiff or plaintiffs shall have
  a  combined  total  of  three  peremptory challenges plus one peremptory
  challenge for every two alternate jurors. The  defendant  or  defendants
  (other  than  any  third-party  defendant  or  defendants)  shall have a
  combined total of  three  peremptory  challenges,  plus  one  peremptory
  challenge  for  every two alternate jurors. The court, in its discretion
  before the examination of jurors begins, may grant an  equal  number  of
  additional  challenges  to both sides as may be appropriate. In any case
  where a side has two or more parties, the court, in its discretion,  may
  allocate that side's combined total of peremptory challenges among those
  parties in such manner as may be appropriate.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 41 - Trial by a Jury › 4110 - Challenges for Cause.

§  4110.  Challenges for cause.  (a) Challenge to the favor.  The fact
that a juror is in the employ of a party to the action; or if a party to
the action is a corporation, that he is a shareholder or  a  stockholder
therein;  or,  in  an  action  for  damages  for  injuries  to person or
property, that he is a shareholder, stockholder,  director,  officer  or
employee,  or in any manner interested, in any insurance company issuing
policies for protection against liability  for  damages  for  injury  to
persons  or  property;  shall constitute a ground for a challenge to the
favor as to such juror. The fact that a  juror  is  a  resident  of,  or
liable to pay taxes in, a city, village, town or county which is a party
to  the  action shall not constitute a ground for challenge to the favor
as to such juror.
(b) Disqualification of juror for  relationship.    Persons  shall  be
disqualified  from  sitting as jurors if related within the sixth degree
by consanguinity or affinity to a party. The party related to the  juror
must raise the objection before the case is opened; any other party must
raise the objection no later than six months after the verdict.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 41 - Trial by a Jury › 4110-A - Competency of Inhabitants as Justices or Jurors; Undertakings Not Required of Village.

§   4110-a.   Competency   of   inhabitants  as  justices  or  jurors;
  undertakings not required of village. In an action brought by or against
  a village it shall not be an objection  against  the  person  acting  as
  justice  or juror in such action that he is a resident of the village or
  subject to taxation therein.  It shall not be necessary for the  village
  to  give  a  bond,  undertaking  or  security  to  appeal or to obtain a
  provisional remedy, or to take or prevent any other proceeding; or to do
  or perform any act or thing notwithstanding any provision of  any  other
  law  to the contrary, but the village shall be liable to the same extent
  as if it had given the bond, undertaking or security otherwise  required
  by or in pursuance of law.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 41 - Trial by a Jury › 4110-B - Instructions to Jury; Objection.

§  4110-b.  Instructions  to  jury;  objection.  At  the  close of the
  evidence or  at  such  earlier  time  during  the  trial  as  the  court
  reasonably  directs,  any party may file written requests that the court
  instruct the jury on the law as set forth in the  requests.  The  court,
  out  of  the  hearing  of the jury, shall inform counsel of its proposed
  action upon the requests prior to their arguments to the jury,  but  the
  court  shall  instruct  the  jury after the arguments are completed.  No
  party may assign  as  error  the  giving  or  the  failure  to  give  an
  instruction  unless  he  objects  thereto  before  the  jury  retires to
  consider its verdict stating the matter to  which  he  objects  and  the
  grounds  of  his  objection.    Opportunity  shall  be given to make the
  objection out of the hearing of the jury.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 41 - Trial by a Jury › 4110-C - Trial Jury; Viewing of Premises.

§  4110-c.  Trial jury; viewing of premises. 1. When during the course
  of a trial the court is of the opinion that a viewing or observation  by
  the  jury  of  the premises or place where alleged injuries to person or
  property were sustained in an accident or  occurrence  claimed  to  have
  been the cause thereof or of any other premises or place involved in the
  case  will  be  helpful  to the jury in determining any material factual
  issue, it may in its discretion, at any time before the commencement  of
  the  summations,  order  that  the jury be conducted to such premises or
  place for such  purpose  in  accordance  with  the  provisions  of  this
  section.
2.  In  such case, the jury must be kept together throughout under the
  supervision of an appropriate public servant or  servants  appointed  by
  the  court, and the court itself must be present throughout. The parties
  to the action and counsel for them may as a matter of right  be  present
  throughout, but such right may be waived.
3.  The  purpose  of  such  an  inspection  is solely to permit visual
  observation by the jury of the premises or place in question and neither
  the court, the parties, counsel nor the jurors may engage in  discussion
  or argumentation concerning the significance or implications of anything
  under observation or concerning any issue in the case.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 41 - Trial by a Jury › R4112 - Entry of Verdict.

Rule  4112.  Entry  of verdict.   When the jury renders a verdict, the
  clerk shall make an entry in his minutes specifying the time  and  place
  of the trial, the names of the jurors and witnesses, the general verdict
  and any answers to written interrogatories, or the questions and answers
  or  other  written  findings  constituting  the  special verdict and the
  direction, if any, which the court  gives  with  respect  to  subsequent
  proceedings.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 41 - Trial by a Jury › 4113 - Disagreement by Jury.

§  4113. Disagreement by jury.  (a) Unanimous verdict not required.  A
verdict may be rendered by not  less  than  five-sixths  of  the  jurors
constituting a jury.
(b)  Procedure  where jurors disagree. Where five-sixths of the jurors
constituting a jury cannot agree after being kept together for  as  long
as is deemed reasonable by the court, the court shall discharge the jury
and direct a new trial before another jury.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 42 - Trial by the Court › 4201 - Powers of Referees to Report.

§  4201. Powers of referees to report. A referee to inquire and report
  shall have the power to issue subpoenas,  to  administer  oaths  and  to
  direct  the  parties to engage in and permit such disclosure proceedings
  as will expedite the disposition of the issues.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 42 - Trial by the Court › R4212 - Advisory Jury; Referee to Report.

Rule  4212.  Advisory  jury; referee to report. Upon the motion of any
  party as provided in rule 4015 or on its own initiative, the  court  may
  submit  any  issue  of  fact  required  to be decided by the court to an
  advisory jury or, upon a showing of some exceptional condition requiring
  it or in matters of account, to a referee to report.    An  order  under
  this  rule  shall specify the issues to be submitted.  The procedures to
  be followed in the use of an advisory jury shall be the  same  as  those
  for  a  jury selected under article forty-one. Where no issues remain to
  be tried, the court shall render  decision  directing  judgment  in  the
  action.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 42 - Trial by the Court › 4213 - Decision of the Court.

§  4213.  Decision of the court. (a) Requests for findings. Before the
case is finally  submitted,  the  court  shall  afford  the  parties  an
opportunity  to submit requests for findings of fact. Each request shall
be numbered and so phrased that the court may conveniently pass upon it.
(b) Form of decision. The decision of the court  may  be  oral  or  in
writing  and  shall  state  the  facts it deems essential. In any action
brought to recover damages for personal injury, injury to  property,  or
wrongful death, a decision awarding damages shall specify the applicable
elements  of  special  and general damages upon which the award is based
and the amount assigned to each element, including but  not  limited  to
medical expenses, dental expenses, podiatric expenses, loss of earnings,
impairment  of  earning  ability,  and pain and suffering. In a medical,
dental or podiatric malpractice  action,  commenced  on  or  after  July
twenty-sixth,  two  thousand  three,  the  court's decision as to future
damages shall be itemized in accordance with  subdivision  (d)  of  rule
forty-one  hundred  eleven  of  this  chapter.  In any action brought to
recover damages for personal injury,  injury  to  property  or  wrongful
death,  other  than  a  medical,  dental or podiatric malpractice action
commenced on or after July twenty-sixth, two thousand three, the court's
decision as to future damages  shall  be  itemized  in  accordance  with
subdivision (e) of rule forty-one hundred eleven of this chapter.
(c)  Time  for  decision.  The decision of the court shall be rendered
within sixty days after the cause or  matter  is  finally  submitted  or
within  sixty  days  after a motion under rule 4403, whichever is later,
unless the parties agree to extend the time.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 43 - Trial by a Referee › 4301 - Powers of Referee to Determine.

§  4301.  Powers  of referee to determine.   A referee to determine an
  issue or to perform an act shall have all  the  powers  of  a  court  in
  performing  a  like  function;  but  he  shall  have no power to relieve
  himself of his duties, to appoint a successor or to adjudge  any  person
  except a witness before him guilty of contempt. For the purposes of this
  article,  the  term  referee shall be deemed to include judicial hearing
  officer.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 43 - Trial by a Referee › R4311 - Order of Reference.

Rule 4311. Order of reference.  An order of reference shall direct the
  referee  to  determine  the  entire action or specific issues, to report
  issues, to perform particular acts, or to receive  and  report  evidence
  only. It may specify or limit the powers of the referee and the time for
  the filing of his report and may fix a time and place for the hearing.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 43 - Trial by a Referee › R4312 - Number of Referees; Qualifications.

Rule  4312.  Number  of  referees;  qualifications.  1.  A  court  may
  designate either one or three referees; provided,  however,  a  judicial
  hearing  officer  may be designated a referee, in which case there shall
  be only one referee. Except by consent of the parties, no  person  shall
  be designated a referee unless he is an attorney admitted to practice in
  the  state  and  in good standing.  Where a referee may be designated by
  the parties, they may designate any number of referees.
2. Except in matrimonial actions  or  where  the  reference  is  to  a
  judicial  hearing  officer,  a person to whom all the parties object may
  not be designated as a referee. In matrimonial actions, only a  judicial
  hearing   officer   or   a   special  referee  appointed  by  the  chief
  administrator of the courts may be designated to determine an issue.  In
  a  matrimonial action the court shall not order a reference to a referee
  nominated by a party.
3. No person shall serve as referee who holds the  position  of  court
  clerk,  or  clerk,  secretary  or stenographer to a judge; or who is the
  partner or clerk of an attorney for any party to the action or  occupies
  the same office with such attorney, except as provided in paragraph five
  of this rule.
4.  A  judge  shall  not  serve as a referee in an action brought in a
  court of which he is a judge  except  by  the  written  consent  of  the
  parties,  and,  in  that  case,  he  cannot  receive any compensation as
  referee.
5. In uncontested matrimonial actions, a court clerk,  law  secretary,
  or  any  other non-judicial employee of the court, who is an attorney in
  good standing admitted to practice in the state, may be appointed by  an
  administrative  judge  to serve without fee as a referee for the purpose
  of hearing and reporting to the court.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 43 - Trial by a Referee › R4313 - Notice.

Rule 4313. Notice. Except where the reference is to a judicial hearing
  officer  or  a special referee, upon the entry of an order of reference,
  the clerk shall send a copy of the order  to  the  referee.  Unless  the
  order  of  reference  otherwise  provides,  the  referee shall forthwith
  notify the parties of a time and place for the first hearing to be  held
  within twenty days after the date of the order or shall forthwith notify
  the court that he declines to serve.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 43 - Trial by a Referee › R4314 - Successor Referee.

Rule  4314.  Successor  referee.  Upon  being  notified that a referee
  declines or fails to serve, or in the case of the death, resignation  or
  removal of a referee, or if a new trial is granted after a reference, on
  motion  of any party or on its own initiative, the court may designate a
  successor  referee,  unless  a  stipulation  upon  which  the  order  of
  reference is based expressly provides otherwise.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 43 - Trial by a Referee › R4315 - Referee to Be Sworn.

Rule  4315.  Referee  to  be  sworn.  A referee, other than a judicial
  hearing officer or a special referee, before entering upon  his  duties,
  shall  be  sworn  faithfully  and  fairly  to do such acts and make such
  determination and  report  as  the  order  requires.  The  oath  may  be
  administered  by  any person authorized to take acknowledgments of deeds
  by the real property law. The oath may be waived  upon  consent  of  all
  parties.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 43 - Trial by a Referee › R4316 - Procedure Where More Than One Referee.

Rule  4316. Procedure where more than one referee. Where the reference
  is to more than one referee all must meet  together  and  hear  all  the
  allegations and proofs of the parties; but a majority may appoint a time
  and  place  for  the  trial,  decide  any question which arises upon the
  trial, sign a report or settle a case. Any of  them  may  administer  an
  oath  to  a witness; and a majority of those present at a time and place
  appointed for the trial may adjourn the trial to a future day.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 43 - Trial by a Referee › 4317 - When Reference to Determine May Be Used.

§  4317.  When reference to determine may be used. (a) Upon consent of
the  parties.  The  parties  may  stipulate  that  any  issue  shall  be
determined  by  a  referee.  Upon the filing of the stipulation with the
clerk, the clerk shall forthwith enter an order referring the issue  for
trial  to the referee named therein. Where the stipulation does not name
a referee, the court shall designate  a  referee.  Leave  of  court  and
designation  by  it  of  the  referee  is  required  for  references  in
matrimonial  actions;  actions  against  a  corporation  to   obtain   a
dissolution, to appoint a receiver of its property, or to distribute its
property,  unless  such  action  is  brought by the attorney-general; or
actions where a defendant is an infant.
(b) Without consent of the parties. On motion of any party or  on  its
own  initiative, the court may order a reference to determine a cause of
action or an issue where the trial will require  the  examination  of  a
long  account,  including  actions  to foreclose mechanic's liens; or to
determine an issue of damages separately triable  and  not  requiring  a
trial by jury; or where otherwise authorized by law.
(c)  Transcript.  Unless  otherwise  stipulated,  a  transcript of the
testimony together with the exhibits or  copies  thereof  of  the  issue
heard  before  the referee shall be provided to all the parties involved
upon payment of appropriate fees.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 43 - Trial by a Referee › 4318 - Conduct of Trial.

§  4318.  Conduct of trial. Unless otherwise specified in the order of
  reference, the referee shall conduct the trial in the same manner  as  a
  court  trying  an  issue  without  a  jury.  The  provisions  of article
  forty-four applicable to trial by the court shall apply to  a  reference
  pursuant to this article.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 43 - Trial by a Referee › 4319 - Decision.

§  4319.  Decision.  The  decision  of a referee shall comply with the
  requirements for a decision by the court and shall stand as the decision
  of a court.  Unless otherwise specified in the order of  reference,  the
  referee  shall  file  his decision within thirty days after the cause or
  matter is finally submitted.  If it is not  filed  within  the  required
  time, upon the motion of a party before it is filed, the court may grant
  a new trial and, in that event, the referee shall not be entitled to any
  fees.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 43 - Trial by a Referee › 4320 - Reference to Report.

§ 4320. Reference to report. (a) Conduct of trial. A referee to report
shall  conduct  the  trial in the same manner as a court trying an issue
without a jury.
(b) Report; transcript. The referee shall  file  his  report,  setting
forth  findings of fact and conclusions of law, within thirty days after
the cause or matter is finally submitted. Unless otherwise stipulated, a
transcript of the testimony together with the exhibits or copies thereof
shall be filed with the report.