What is the test for a jury trial?

In light of the passage just cited from Elyk v. Doe, there is little further to be said about these defendants' desire for a jury trial. There are no reasons why a jury trial here is particularly appropriate, or a non-jury trial is particularly inappropriate. Basically, what it amounts to is that the defendants, for selfish strategic (and entirely proper) reasons, think they will likely do better with a jury, and the plaintiff, for equally selfish strategic reasons, thinks she will do better without one. In those circumstances, the option which will come to trial earlier, take less time in court, and (one would devoutly hope) cost less to the litigants and the system, must prevail.