Winter v. Board of Education

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Kings County (Bernstein, J.), dated January 3, 2000, which, upon an order of the same court, dated September 27, 1998, *344granting the defendants’ motion pursuant to CPLR 4401, made at the close of the plaintiffs’ case, to dismiss the complaint, is in favor of the defendants and against them, dismissing the complaint. The plaintiffs’ notice of appeal from the order dated September 27, 1998, is deemed a premature notice of appeal from the judgment (see, CPLR 5520 [c]).

Ordered…