Burns v. Burns

Appeal from an order of the Supreme Court, Kings County (Kenneth R Sherman, J.), dated October 18, 2016. The order denied the motion of the defendant Stephanie Burns to strike the plaintiff’s jury demand.

Ordered that the order is affirmed, with costs.

“A jury trial is guaranteed in an action ‘for determination of a claim to real property under [RPAPL article 15]’ ” (Paciello v Graffeo, 8 AD3d 543, 543 [2004], quoting CPLR 4101 [2]). Although the plaintiff did not characterize or refer to his causes of action to recover possession of real property as claims pursuant to RPAPL article 15, he was…