Nieves v. City of New York

Order, Supreme Court, New York County (Lottie E. Wilkins, J.), entered on or about September 17, 2009, which granted defendant’s motion pursuant to CPLR 4401 to dismiss the complaint, made before the close of the plaintiffs case, unanimously reversed, on the law, without costs, defendant’s motion denied, the complaint reinstated, and the matter remanded for a new trial. Appeal from an order, same court and Justice, entered April 22, 2010, which denied plaintiffs motion pursuant to CPLR 5015 (a) (2) and (3) to vacate the order entered on or about September 17, 2009, unanimously dismissed,…