FUNK v. UNITED PARCEL SERVICE, INC.

2009-04908

73 A.D.3d 851 (2010)

900 N.Y.S.2d 740

PATRICK FUNK, Respondent, v. UNITED PARCEL SERVICE, INC., Defendant/Third-Party Plaintiff-Respondent-Appellant. LONG ISLAND 2 DAY WALK TO FIGHT BREAST CANCER, INC., Third-Party Defendant-Appellant-Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 11, 2010.


Ordered that the order is reversed, on the law, and the motion of the defendant/third-party plaintiff for summary judgment dismissing the complaint and the cross motion of the third-party defendant for summary judgment dismissing the third-party complaint are granted, with one bill of costs payable by the plaintiff to the third-party defendant and the defendant/third party plaintiff.

The third-party defendant, Long Island 2 Day Walk To Fight Breast Cancer, Inc. (hereinafter...

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