N.Y. Civil Practice Law & Rules § 5013: Effect of judgment dismissing claim

Rule 5013. Effect of judgment dismissing claim. A judgment dismissing

a cause of action before the close of the proponent's evidence is not a

dismissal on the merits unless it specifies otherwise, but a judgment

dismissing a cause of action after the close of the proponent's evidence

is a dismissal on the merits unless it specifies otherwise.