2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 44 - (R4401 - R4406) TRIAL MOTIONS
R4404 - Post-trial motion for judgment and new trial.

 
    Rule  4404.  Post-trial  motion for judgment and new trial. (a) Motion
  after trial where jury required. After a trial of a cause of  action  or
  issue triable of right by a jury, upon the motion of any party or on its
  own  initiative,  the  court  may  set  aside  a verdict or any judgment
  entered thereon and direct that judgment be entered in favor of a  party
  entitled to judgment as a matter of law or it may order a new trial of a
  cause  of action or separable issue where the verdict is contrary to the
  weight of the evidence, in the interest of justice  or  where  the  jury
  cannot  agree  after  being  kept  together  for  as  long  as is deemed
  reasonable by the court.
    (b) Motion after trial where jury not  required.  After  a  trial  not
  triable  of  right by a jury, upon the motion of any party or on its own
  initiative, the court may set aside its decision or any judgment entered
  thereon.  It may make new findings of fact or conclusions of  law,  with
  or without taking additional testimony, render a new decision and direct
  entry  of  judgment, or it may order a new trial of a cause of action or
  separable issue.