In Kamanou v. Bert (94 AD3d 704 [2012]), the Appellate Division, Second Department, was presented with the identical fact pattern, i.e., the Supreme Court had granted the defendant's motion, pursuant to CPLR 4401, for judgment as a matter of law dismissing the complaint insofar as asserted against her, which motion was made before the plaintiff presented her case. The Appellate Division reversed the Supreme Court's judgment on the ground that the granting of the motion was premature. An examination of the plaintiff's appellate briefs in the Kamanou case (Kamanou v. Bert) reveals that, just as here, the plaintiff did not specifically raise the issue of prematurity as a ground for reversal of the judgment.