Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Stuart Styles, in effect, pursuant to CPLR 4401 for judgment as a matter of law dismissing the complaint insofar as asserted against him is denied.
After granting the motion of the defendant Stuart Styles (hereinafter the defendant), made during trial, for a new trial, in effect, pursuant to CPLR 4402, the Supreme Court granted the defendant's motion, in effect, pursuant to CPLR 4401 for judgment as a matter of law dismissing the complaint insofar as asserted against him. In addition to the fact that the Supreme Court had previously granted the defendant's motion for a new trial, the motion, in effect, pursuant to CPLR 4401 was made before the close of the plaintiffs' evidence. Accordingly, that motion should not have been entertained ( see CPLR 4401; Canteen v City of White Plains, 165 AD2d 856, 857; Goldstein v CW. Post Ctr. of Long Is. Univ., 122 AD2d 196, 197; Balogh v H.R.B. Caterers, 88 AD2d 136, 141; Levy v Goldman, 252 App Div 781).
In light of our determination, we need not reach the parties' remaining contentions.