4101

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:\n1. an action in which a party demands and sets forth facts which would permit a judgment for a sum of money only;\n2. 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\n3. any other action in which a party is entitled by the constitution or by express provision of law to a trial by jury.