N.Y. CVP. LAW § 2218 : NY Code - Section 2218: Trial of issue raised on motion

The court may order that an
  issue of fact raised on a motion shall be separately tried by the  court
  or  a referee. If the issue is triable of right by jury, the court shall
  give the parties an opportunity to demand a jury trial  of  such  issue.
  Failure to make such demand within the time limited by the court, or, if
  no  such  time is limited, before trial begins, shall be deemed a waiver
  of the right to trial by jury. An order under this  rule  shall  specify
  the issue to be tried.