SMITH v. UNITED PARCEL SERV., INC.


243 A.D.2d 342 (1997)

663 N.Y.S.2d 537

Lindwall Smith, Respondent, v. United Parcel Service, Inc., Appellant, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 21, 1997


We agree with the court that issues of fact exist as to whether plaintiff's injuries occurred in the course of his employment. Although plaintiff, an employee of defendant United Parcel Service (UPS) was injured by a UPS truck while plaintiff was en route to give testimony as a witness (to be called by UPS) at a hearing, UPS has not met its burden, as proponent of this summary judgment motion, of establishing that plaintiff was on a special errand (see, Neacosia...

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