If you don't like the outcome of a trial, there's a procedure where you can ask the court to reconsider its decision and order a new trial. [Civil Practice Law and Rules 4404]
But there's a catch: That request must be made "within fifteen days after decision, verdict or discharge of the jury."
In Sisters of Charity Healthcare System v. Zarelli , the Sisters sued and recovered a money judgment against Rae Zarelli in the amount of $1879.
For some reason, Zarelli waited over four months to ask the Richmond County Civil Court to set aside the judgment. After the request was denied, Zarelli appealed to the Appellate Term, Second and Eleventh Judicial Districts, which affirmed the denial.
According to the AT2, when it comes to asking for this particular kind of relief, the clock starts to tick not from the date the decision is made but from the date the decision is filed with the Clerk of the Court. And absent an acceptable excuse for the delay, reconsideration requests made outside that 15-day window must be denied.
A rather uncharitable law, wouldn't you agree?
For a copy of the Appellate Term's decision, please use this link: Sisters of Charity Healthcare System v. Zarelli