CPLR § 4401

Motion for judgment during trial

Rule 4401. Motion for judgment during trial. Any party may move for judgment with respect to a cause of action or issue upon the ground that the moving party is entitled to judgment as a matter of law, after the close of the evidence presented by an opposing party with respect to such cause of action or issue, or at any time on the basis of admissions. Grounds for the motion shall be specified. The motion does not waive the right to trial by jury or to present further evidence even where it is made by all parties.

Official sourcehttps://www.nysenate.gov/legislation/laws/CVP/4401

In plain English

During trial, any party can ask the judge to hand them the win "as a matter of law" — meaning the other side's proof, even taken at its best, isn't legally enough to go to the jury.

Timing: after the opposing party closes its evidence on that cause of action or issue, or at any time based on admissions. ★
You must state the grounds for the motion. ★
Making this motion does not waive your right to a jury trial or to put on more evidence — even if all parties move. ★ (So a losing 4401 motion doesn't cost you anything.)

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 2 — The JG-22 CPLR and in Volume 1 — The JG-22 in Plain English.