Diaz v. White Plains Coat & Apron Co.

*671In an action to recover damages for personal injuries, the defendant appeals from an interlocutory judgment of the Supreme Court, Westchester County (Smith, J.), dated July 21, 2006, which, upon a jury verdict on the issue of liability, and upon the denial, inter alia, of that branch of its motion which was pursuant to CPLR 4401 to dismiss the complaint for failure to establish a prima facie case, made at the close of the plaintiffs case, is in favor of the plaintiff and against it on the issue of liability.

Ordered that the interlocutory judgment is reversed, on the law, with costs, that…