22.24 - 2. Time To Move

JurisdictionNew York

2. Time to Move

The requirement of CPLR 4405 that a formal post-trial motion be made within 15 days after the verdict is not absolute, and the trial courts can and frequently do grant brief extensions of time, particularly when the issues to be raised are substantial or portions of the trial transcript are needed for the motion.3437 However, when counsel fails to seek in advance the trial court’s permission to extend the 15 days, the late motion likely will be denied as untimely, particularly when the delay is lengthy and unexplained.3438

When the trial court hands down a written decision, the 15 days within which to move to set it aside begin to run when the decision is filed, not when it is issued.3439 Although one court has held that the time to move does not begin to run until an order is signed and...

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