CARLO SHIPPING INTERNATIONAL INC v. DOUMBIA (2021)

Order (Naita A. Semaj, J.), entered February 6, 2020, affirmed.

Based upon the evidence presented at the nonjury trial, Civil Court found that plaintiff failed to establish any basis for liability or damages against defendants for breach of an agreement to pay the costs of shipping a bus to Dakar, Senegal. Plaintiff then moved for a new trial in the interest of justice, claiming that its trial counsel relied upon an incorrect document and neglected to present the correct legal theory. Civil Court denied the motion and this appeal ensued.

We affirm. A legal error or tactical miscalculation by trial counsel, standing alone, will not ordinarily justify a new trial (see Shafer v Iemma, 184 AD2d 839 [1992]), and we see nothing in the facts and circumstances of this case which would justify our interference in Civil Court's exercise of discretion under CPLR 4404(b).

Where a party fails to adequately prepare for trial he is not entitled to another trial (see Winter v New York Life Ins. Co., 260 App Div 676 [1940], appeal denied 261 App Div 816 [1941]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur.