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HUERTAS v. UNITED PARCEL SERV

102860/10

42 Misc.3d 245 (2013)

974 N.Y.S.2d 758

2013 NY Slip Op 23369

DEBRA JO HUERTAS, Plaintiff, v. UNITED PARCEL SERVICE, INC., Defendant.

Supreme Court, Richmond County.

Decided October 31, 2013.

Attorney(s) appearing for the Case

Lester, Schwab, Katz & Dwyer, LLP, for defendant. Levidow, Levidow & Oberman, P.C., for plaintiff.

OPINION OF THE COURT

JOSEPH J. MALTESE, J.

The defendant's motion for summary judgment dismissing the plaintiff's complaint is granted.

Facts

In this action by Debra Jo Huertas to recover for personal injuries allegedly sustained as a result of a trip and fall over stacked boxes, the defendant United Parcel Service (UPS) asserts that the plaintiff's suit is preempted under federal law....

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