Practice point: Pursuant to CPLR 4404(a), the motion may allege errors in the trial court's evidentiary rulings, mistakes in the charge, misconduct, newly discovered evidence, and surprise.
Students should note that the court must consider whether substantial justice has been done, and then rely on common sense, experience, and fairness.
The case is Allen v. Uh, NY Slip Op 02338 (2d Dept. 2011
Tomorrow's issue is service of process.
