Appellate Division of the Supreme Court of the State of New York October 14, 2003 (Antonczyk v. Congregation Mosdos D'Rabini of Monsey, Inc.)

In an action to recover damages for personal injuries, the third-party defendant appeals from a judgment of the Supreme Court, Rockland County (Sherwood, *777J.), dated December 21, 2001, which, upon the denial of its motion and the separate motion of the defendant third-party plaintiff, made at the close of the plaintiffs case on liability pursuant to CPLR 4401, to dismiss the complaint for