Walter Legge Co. v. City of Peekskill

—In an action to recover for damage to real property, the plaintiff appeals from a judgment of the Supreme Court, Westchester County (Burrows, J.), dated July 14, 1993, which, upon granting the motion of the City of Peekskill, pursuant to CPLR 4401, made after the close of the plaintiffs case, dismissed the complaint insofar as it is asserted against the City of Peekskill and severed the action as against the remaining defendant.

Ordered that the judgment is affirmed, with costs.

The court properly granted the motion of the City of Peeks-kill (hereinafter the City), pursuant to CPLR 4401, for…