22.29 - B. Motion For Judgment Notwithstanding The Verdict

JurisdictionNew York

B. Motion for Judgment Notwithstanding the Verdict

Under the federal rules, a motion for judgment notwithstanding the verdict is known as a motion for judgment as a matter of law.3451 The statute makes clear that judgments as a matter of law in jury trials may be entered against both plaintiffs and defendants and with respect to issues or defenses that may not be wholly dispositive of a claim or defense.3452

Unlike state practice, in order to make such a motion or to appeal based on the sufficiency of the evidence, a party usually must have made a motion for a directed verdict at the end of opposing counsel’s case and, in the case of a party who presented evidence after the motion was denied or reserved, at the close of all evidence.3453 The motion for judgment as a matter of law must state the grounds on which it is made and cannot assert grounds not included in the motion for a directed verdict.

As under New York State law, the standard applicable to a motion for judgment as a matter of law is the same as that for a motion for a directed verdict and does not differ on appeal.3454 The applicable test, as stated by the Second...

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