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ALLAN v. DHL EXPRESS (USA), INC.

2011-00785.

99 A.D.3d 828 (2012)

952 N.Y.S.2d 275

2012 NY Slip Op 6904

REUBEN ALLAN, Respondent, v. DHL EXPRESS (USA), INC., Appellant-Respondent, and 500 LINCOLN, LLC, Respondent-Appellant. (And a Third-Party Action.)

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

October 17, 2012.

Ordered that the appeal by the defendant DHL Express (USA), Inc., from so much of the order as granted the plaintiff's motion for summary judgment on the issue of liability on the cause of action alleging violations of Labor Law § 240 (1) insofar as asserted against the defendant 500 Lincoln, LLC, is dismissed, as the defendant DHL Express (USA), Inc., is not aggrieved by that portion of the order (see CPLR 5511;

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