Ordered that the judgment is reversed, on the law, with costs, the motion to dismiss the complaint is denied, the complaint is reinstated insofar as asserted against the New York City Housing Authority, and a new trial against that defendant is granted.
In the case before us, the trial court acted inappropriately in dismissing the action before the plaintiffs rested. "[T]he dismissal of the complaint before plaintiff had concluded [her] case was unduly precipitate" ( Budner v. Giunta, 16 A.D.2d 780, 781; see also, Canteen v. City of White Plains, 165 A.D.2d 856; Goldstein v. Post Ctr., 122 A.D.2d 196; Cass v. Broome County Co-Op. Ins. Co., 94 A.D.2d 822; Paige v. City of New York, 79 A.D.2d 573; Cetta v. City of New York, 46 A.D.2d 762). We therefore reverse and grant the plaintiffs a new trial.
Rosenblatt, J.P., Copertino, Krausman and Goldstein, JJ., concur.