A motion to set aside a verdict and for a new trial 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 rely on his own common sense, experience and sense of fairness and decide whether substantial justice has been done and whether it is likely that the verdict has been affected.
Bhim v. Platz, NY Slip Op 04531 (2d Dep't July 13, 2022)
