Statute · New York Civil Practice Law & Rules

N.Y. C.P.L.R. 4404 — Post-trial motion for judgment and new trial

N.Y. C.P.L.R. 4404

Type
Statute
Source
New York Civil Practice Law & Rules
Jurisdiction
New York
Current through
Nov 5, 2026 (NY Senate Open Legislation)

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…

Citator

N.Y. C.P.L.R. 4404 — Post-trial motion for judgment and new trial is in force in the current edition of the Code, and nothing recorded condemns it.

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.