CPLR 4404 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 4403 Motion for new trial or to confirm or reject or grant other relief after reference to report or verdict of advisory jury up ARTICLE 44 Trial Motions next SECTION 4405 Time and judge before whom post-trial motion made Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 4404 Post-trial motion for judgment and new trial Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 44 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.