Harris v. Hershkowitz

OPINION OF THE COURT

Memorandum.

Ordered that, on the court’s own motion, the notice of appeal from the decision dated October 17, 2013 is deemed a premature notice of appeal from the judgment entered April 4, 2014 (see CPLR 5520 [c]); and it is further, ordered that the judgment is reversed, without costs, the order dated February 10, 2014 granting defendant’s oral application, pursuant to CPLR 4401, for judgment as a matter of law, is vacated, defendant’s oral application is denied, and the matter is remitted to the Civil Court for trial.

In this dental malpractice action, on the date…