Rosario v. Montalvo & Son Auto Repair Center, Ltd.

In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Baily-Schiffman, J.), entered April 28, 2015, which, upon an order of the same court dated April 23, 2015, granting the motion of the defendant Montalvo & Son Auto Repair Center, Ltd., pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against it made at the close of the plaintiff’s case at a trial on the issue of liability on remitti-tur, is against him and in favor of that defendant, in effect, dismissing the complaint insofar as asserted…