Murdock v. Stewart's Ice Cream Co.

*1101Appeal from a judgment of the Supreme Court, Jefferson County (Hugh A. Gilbert, J.), entered March 28, 2003. The judgment was entered, upon a jury verdict, in favor of defendant in a personal injury action.

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

Memorandum: Plaintiff appeals from a judgment entered upon a jury verdict in favor of defendant. Plaintiff commenced this action seeking damages for injuries she sustained when she…