2022 New York Laws
CVP - Civil Practice Law and Rules
Article 44 - Trial Motions
R4404 - Post-Trial Motion for Judgment and New Trial.

Universal Citation:
NY CPLR § 4404 (2022)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
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.

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