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.
Effect of judgment dismissing claim
N.Y. Civil Practice Law & Rules Law § 5013, under Judgments Generally.
N.Y. Civil Practice Law & Rules Law § 5013