Ordered that the judgment is reversed, on the law, with costs, that branch of the defendant's motion pursuant to CPLR 4404 (a) which was to set aside the jury verdict and for judgment as a matter of law is granted, the complaint is dismissed, and the order dated February 27, 2009, is modified accordingly.
The plaintiff, a former New York City Police Department (hereinafter NYPD) detective, accidentally shot himself in the knee in a precinct station house office. The...
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