N.Y. Surrogate's Court Procedure Act § 503: Proceedings upon jury trial 1

§ 503. Proceedings upon jury trial

1. At any time during trial the court upon motion of any party or on

its own initiative may direct judgment on one or more issues whenever it

determines as a matter of law that the evidence is insufficient to

create an issue of fact for a jury on such issue. Whenever judgment is

so directed the issue shall thereupon be deemed withdrawn from the jury

and it shall render no verdict or finding thereon. The direction of the

court shall be entered in the minutes.

2. On consent of the parties any issue may be likewise withdrawn from

a jury and judgment directed thereon.

3. The verdict and any order or decision of the court shall be

entered in the minutes and if the trial was not held in the surrogate's

court the verdict, order or decision shall be certified by the clerk of

the court to the surrogate's court, whereupon that court shall enter a

final decree accordingly.