Commercial Litigation and Arbitration

Standards for Judgment as a Matter of Law and Setting Aside a Verdict as Against the Weight of the Evidence in New York State Courts

From Christ v. Law Offices of Wm. F. Levine & Michael B. Grossman, 72 A.D.3d 721, 898 N.Y.S.2d 648 (2d Dep’t 2010):

To be awarded judgment as a matter of law pursuant to CPLR 4404(a), a defendant has the burden of establishing that there is no rational process by which the jury could find for the plaintiff against the moving defendant.... The plaintiff's evidence must be accepted as true, and the plaintiff is entitled to every favorable inference which can reasonably be drawn from the evidence***.

A jury verdict should not be set aside as contrary to the weight of the evidence unless the jury could not have reached its verdict by any fair interpretation of the evidence.... Whether a jury verdict should be set aside as contrary to the weight of the evidence does not involve a question of law, but rather, requires a discretionary balancing of many factors.... It is for the trier of fact to make determinations as to the credibility of the witnesses, and great deference is accorded to the factfinders, who had the opportunity to see and hear the witnesses***.

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