{"jurisdiction": "us-ny", "code": "cplr", "section": "4406", "citation": "CPLR § 4406", "heading": "Single post-trial motion", "text": ["Rule 4406. Single post-trial motion. In addition to motions made orally immediately after decision, verdict or discharge of the jury, there shall be only one motion under this article with respect to any decision by a court, or to a verdict on issues triable of right by a jury; and each party shall raise by the motion or by demand under rule 2215 every ground for post-trial relief then available to him."], "official_source": "https://www.nysenate.gov/legislation/laws/CVP/4406", "from_official_api": true, "plain_english": "Beyond oral motions made **immediately** after decision/verdict/jury discharge, there is **only ONE** post-trial motion under this article per decision or jury verdict. ★ Each party must raise **every available ground** for post-trial relief in that one motion (or by demand under **rule 2215**). Don't hold grounds back — you don't get a second motion.\n\n---\n\n**★ Exam hits:**\n- **4401** motion for judgment as a matter of law comes **after the opposing party closes its evidence** (or anytime on admissions); grounds must be stated; it **waives nothing** — not the jury, not more evidence — even if all parties move.\n- **4401-a**: informed-consent med-mal claim **must be dismissed** at end of plaintiff's case if there's **no supporting expert medical testimony**.\n- **4403** (referee/advisory jury) and **4405** (post-trial motion) both run on a **15-day** clock.\n- **4405**: post-trial motion goes to the **trial judge**; no relief after an appeal is argued/submitted.\n- **4404** grounds for a new jury trial: **against the weight of the evidence**, **interest of justice**, or **hung jury**.\n- **4406**: only **one** post-trial motion — raise **every** ground in it.\n\n\n---\n*Verbatim statute:* [[CPLR - Article 44]]", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cplr/4406", "publisher": "Elyphived LLC"}