chess strategyThere are numerous post-trial motions that one can utilize under the CPLR when faced with an unfavorable verdict. The following are examples of the different types of post-trial motions that are available to litigants after trial.

Post-Trial Motions, Generally

Once the jury has rendered its verdict, the parties must immediately consider post-trial motions. Post-trial motions are governed by CPLR Article 44. After a jury verdict, a court can set aside the verdict and either: (1) direct entry of judgment in favor of any party as a matter of law; or (2) order a new trial.

CPLR 4404(a) states that "[a]fter a trial of a cause of action or issue triable of right by a jury … the court may set aside a verdict [or] it may order a new trial of a cause of action … where the verdict is contrary to the weight of the evidence, in the interest of justice or where the jury cannot agree being kept together for as long as is deemed reasonable by the court."

How Many Motions?

After the jury is excused and the verdict or decision has been rendered, a party can make an oral motion. Additionally, a party is also entitled to make only one written motion. CPLR 4406 states, "in addition to motions made orally immediately after decision, verdict or discharge of the jury, there shall be only one motion under this article." Further, a party must "raise by motion or by demand under rule 2215 every ground for post-trial relief available."

When Does the Post-Trial Motion Have To Be Made?

Pursuant to CPLR 4405, a motion "shall be made before the judge who presided at the trial within fifteen days after decision, verdict or discharge of the jury." In the event that the motion is made after the fifteen days, it is within the court's power to exercise discretion when a parties' motion is untimely upon showing of good cause.

A court can direct a briefing schedule or it is not uncommon for a party to request additional time to make a written motion. Additional time can allow a party to obtain the full transcript, review evidence and exhibits and to cite to the record in support of its motion.

Inconsistent Verdict

An inconsistent verdict occurs when "the jury's verdict on one claim negates an element of another cause of action." Post-Trial Motion for Judgment or a New Trial in New York State Supreme Court, Practical Law Practice Note w-006-3862. A party challenging the verdict as inconsistent must raise the challenge before the jury is discharged and cannot be a ground for dismissal upon a written post-trial motion. For example, in Palmer v. Walters, the jury "apportioned fault 25%" against plaintiff after previously finding that plaintiff's negligence was not a substantial factor. Accordingly, the court ordered a new trial because the jury's verdict was internally inconsistent." 29 A.D.3d 552 (2005).