{"jurisdiction": "us-ny", "code": "cplr", "section": "4404", "citation": "CPLR § 4404", "heading": "Post-trial motion for judgment and new trial", "text": ["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."], "official_source": "https://www.nysenate.gov/legislation/laws/CVP/4404", "from_official_api": true, "plain_english": "The big post-verdict motion. On a party's motion **or the court's own initiative**:\n\n- **(a) Jury cases.** The court may **set aside the verdict** (or judgment on it) and either **direct judgment** for the party entitled to it **as a matter of law**, or **order a new trial** where the verdict is **against the weight of the evidence**, in the **interest of justice**, or the **jury can't agree** after being kept together as long as the court finds reasonable. ★\n- **(b) Non-jury cases.** The court may **set aside its own decision** (or judgment), make **new findings of fact or conclusions of law** (with or without more testimony), render a new decision and direct judgment, or **order a new trial**. ★", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cplr/4404", "publisher": "Elyphived LLC"}