New York Civil Practice
Law & Rules

NYCPLR Article 44

TRIAL MOTIONS

4401.   Motion for judgment during trial.
        4401-a. Motion for judgment.
        4402.   Motion for continuance or new trial during trial.
        4403.   Motion for new trial or to confirm or reject or grant
                  other relief after reference to report or verdict of
                  advisory jury.
        4404.   Post-trial motion for judgment and new trial.
                  (a) Motion after trial where jury required.
                  (b) Motion after trial where jury not required.
        4405.   Time and judge before whom post-trial motion made.
        4406.   Single post-trial motion.

  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.

  S 4401-a. Motion for judgment. A motion for judgment at the end of the
plaintiff`s case must be granted as to any cause of action for medical
malpractice based solely on lack of informed consent if the plaintiff
has failed to adduce expert medical testimony in support of the alleged
qualitative insufficiency of the consent.

  Rule 4402. Motion for continuance or new trial during trial. At any
time during the trial, the court, on motion of any party, may order a
continuance or a new trial in the interest of justice on such terms as
may be just.

Top of Page      

Article 44, Continued . . .

  Rule 4403.  Motion for new trial or to confirm or reject or grant
other relief after reference to report or verdict of advisory jury. Upon
the motion of any party or on his own initiative, the judge required to
decide the issue may confirm or reject, in whole or in part, the verdict
of an advisory jury or the report of a referee to report; may make new
findings with or without taking additional testimony; and may order a
new trial or hearing. The motion shall be made within fifteen days after
the verdict or the filing of the report and prior to further trial in
the action. Where no issues remain to be tried the court shall render
decision directing judgment in the action.

  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.

  Rule 4405. Time and judge before whom post-trial motion made. A motion
under this article shall be made before the judge who presided at the
trial within fifteen days after decision, verdict or discharge of the
jury. The court shall have no power to grant relief after argument or
submission of an appeal from the final judgment.

  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.