Appellate Division of the Supreme Court of the State of New York December 30, 2002, Appeal No. 1 (Pilecki v. Cromwell)

lead-opinion

—Appeal from a judgment of Supreme Court, Erie County (Michalek, J.), entered August 15, 2001, which dismissed the complaint upon a jury verdict in favor of defendants.

It is hereby ordered that the judgment so appealed from be *1008and the same hereby is reversed in the exercise of discretion with costs and a new trial is granted.