N.Y. Civil Practice Law & Rules § 4404: 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.