A trial court has the discretion to order a new trial in the interest of justice. The motion 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 arriving at the decision, the judge must look to common sense, experience, and a sense of fairness, rather than to precedents.
Duman v. Scharf, NY Slip Op 04537 (2d Dep't August 19, 2020)
