Helton v. Hirschman

*988Appeal from an order and judgment (one paper) of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered December 3, 2003. The order and judgment, among other things, denied the motion of plaintiff Felicia Helton for a new trial and/or judgment notwithstanding the verdict.

It is hereby ordered that the order and judgment so appealed from be and the same hereby is reversed on the law without costs, the posttrial motion is granted and a new trial is granted.

Memorandum: Felicia Helton (plaintiff) was injured while on duty as a City of Buffalo police officer at a construction site at…