Ordered that the judgment is reversed insofar as appealed from, on the law and the facts and as a matter of discretion, and a new trial is granted to the appellant, with costs to abide the event.
On September 12, 1982, the defendant's three-story apartment building in Yonkers, New York, was destroyed by fire. The appellant, a firefighter who had been fighting the fire, alleged that he received injuries when a plastic hanging flowerpot which had been hanging from a...
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