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This entry was published on 2014-09-22
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SECTION 4404
Post-trial motion for judgment and new trial
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 44
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.