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ANDERSON v. UNITED PARCEL SERV., INC.

2017-10570. Index No. 706307/13.

194 A.D.3d 675 (2021)

148 N.Y.S.3d 230

2021 NY Slip Op 02777

Sandra Anderson, Appellant-Respondent, v. United Parcel Service, Inc., Defendant/Third-Party Plaintiff Respondent-Appellant. Adelis International Security, Inc., Third-Party Defendant-Respondent.

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

Decided May 5, 2021.

Attorney(s) appearing for the Case

Adams S. Handler (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [ Brian J. Isaac and Brianna Walsh ], of counsel), for appellant-respondent.

Kritzer Law Group, Smithtown, NY ( David S. Kritzer of counsel), for defendant third-party plaintiff-respondent-appellant.

Wilson Elser Moskowitz Edelman & Dicker LLP, White Plains, NY ( I. Elie Herman and Patrick J. Lawless of counsel), for third-party defendant-respondent.

Rivera, J.P., Dillon, Connolly and Brathwaite Nelson, JJ. concur.

Ordered that the order is modified, on the law, (1) by deleting the provision thereof granting that branch of the defendant/third-party plaintiff's motion which was for summary judgment dismissing the complaint, and substituting therefor a provision denying that branch of the motion, and (2) by deleting the provision thereof granting the third-party defendant's cross motion for summary judgment dismissing the amended third-party complaint, and substituting therefor a provision...

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