Appellate Division of the Supreme Court of the State of New York March 6, 2000 (Merkinger v. Jo-Mi Corp.)

—In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Alpert, J.), entered November 16, 1998, which, upon the granting of the defendants’ motion pursuant to CPLR 4401, made at the close of evidence, to dismiss the complaint, dismissed the complaint.