Untimely 4404(a) motion

Timing is everything in litigation, and nowhere is this more critical than when filing post-trial motions. The recent decision in Galarza v Heaney demonstrates how missing a crucial deadline can cost defendants millions of dollars. Under CPLR 4404(a), parties have only 15 days after a jury verdict to file motions to set aside the verdict - and courts take this deadline seriously.

This case serves as a stark reminder that procedural rules in New York No-Fault Insurance Law cases, like all civil litigation, must be followed precisely. When defendants failed to meet the statutory deadline without showing good cause for the delay, they lost their opportunity to challenge a substantial verdict. Understanding these procedural requirements is just as important as mastering the substantive legal issues, whether dealing with CPLR timing requirements or other critical deadlines.

Jason Tenenbaum’s Analysis:

Galarza v Heaney, 2022 NY Slip Op 02395 (2d Dept. 2022)

Court reinstated a 1.2 million dollar verdict. You ask why?

“The Supreme Court should have denied the defendants’ motion pursuant to CPLR 4404(a) as untimely, as it was made more than 15 days after the jury verdict was rendered, without good cause shown for the delay”

The trick here is to ask the Court once the jury leaves to set forth a briefing schedule. If not possible, work overtime to get the motion out. If still not possible, make sure you appeal from the judgment and perfect off an appendix if need be. This was a disaster.

Key Takeaway

Post-trial motions under CPLR 4404(a) must be filed within 15 days of the jury verdict, and courts will not excuse late filings without good cause. Practitioners should immediately request a briefing schedule after verdict or work diligently to meet the deadline, as missing it can result in losing substantial cases on procedural grounds alone.