N.Y. C.P.L.R. 4404

Rule 4404. Post-trial motion for judgment and new trial. (a) Motion\nafter trial where jury required. After a trial of a cause of action or\nissue triable of right by a jury, upon the motion of any party or on its\nown initiative, the court may set aside a verdict or any judgment\nentered thereon and direct that judgment be entered in favor of a party\nentitled to judgment as a matter of law or it may order a new trial of a\ncause of action or separable issue where the verdict is contrary to the\nweight of the evidence, in the interest of justice or where the jury\ncannot agree after being kept together for as long as is deemed\nreasonable by the court.\n (b) Motion after trial where jury not required. After a trial not\ntriable of right by a jury, upon the motion of any party or on its own\ninitiative, the court may set aside its decision or any judgment entered\nthereon. It may make new findings of fact or conclusions of law, with\nor without taking additional testimony, render a new decision and direct\nentry of judgment, or it may order a new trial of a cause of action or\nseparable issue.\n