Practice point: Pursuant to CPLR 4404(a), a court may set aside a verdict 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 where the verdict is contrary to the weight of the evidence or in the interest of justice. A motion to set aside a verdict in the interest of justice encompasses errors in the trial court's rulings on the admissibility of evidence, mistakes in the charge, misconduct, newly discovered evidence, and surprise. In considering the motion, the trial judge must decide whether substantial justice has been done and whether it is likely that the verdict has been affected. In addition, the judge must look to common sense, experience, and a sense of fairness rather than to precedents in arriving at a decision.
Case: Duran v. Temple Beth Sholom, Inc., NY Slip Op 07708 (2d Dep't November 8, 2017)
Here is the decision.
