SECTION 745
Trial
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 7
§ 745. Trial. 1. Where triable issues of fact are raised, they shall
be tried by the court unless, at the time the petition is noticed to be
heard, a party demands a trial by jury, in which case trial shall be by
jury. At the time when issue is joined the court, at the request of
either party shall adjourn the trial of the issue, not less than
fourteen days, except by consent of all parties. A party's second or
subsequent request for adjournment shall be granted in the court's sole
discretion.
2. In the city of New York:
(a) In a summary proceeding upon the second of two adjournments
granted solely at the request of the respondent, or, upon the sixtieth
day after the first appearance of the parties in court less any days
that the proceeding has been adjourned upon the request of the
petitioner, counting only days attributable to adjournment requests made
solely at the request of the respondent and not counting an initial
adjournment requested by a respondent unrepresented by counsel for the
purpose of securing counsel, whichever occurs sooner, the court may,
upon consideration of the equities, direct that the respondent, upon a
motion on notice made by the petitioner, deposit with the court sums of
rent or use and occupancy that shall accrue subsequent to the date of
the court's order, which may be established without the use of expert
testimony. The court shall not order deposit or payment of use and
occupancy where the respondent can establish, to the satisfaction of the
court that respondent has properly interposed one of the following
defenses or established the following grounds: