- SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
- Jan 29 2013 (Date Decided)
- Mazzarelli, J.P., Saxe, DeGrasse, Richter, Abdus-Salaam, JJ.
7965-7965A. RONALD ALLEVA, plf-ap, v. UNITED PARCEL SERVICE, INC., def-res, GARY CALLWOOD, def — UNITED PARCEL SERVICE, INC., Third-Party plf-ap, v. PITT INVESTIGATIONS, INC., Third-Party def-res — Law Offices of Edmond J. Pryor, Bronx (William J. Clyne of counsel), for Ronald Alleva, ap — Lester Schwab Katz & Dwyer, LLP, New York (Steven B. Prystowsky of counsel), for United Parcel Service, Inc., respondent/ap — Churbuck, Calabria, Jones & Materazo, Hicksville (Joseph A. Materazo of counsel), for Pitt Investigations, Inc., res — Order, Supreme Court, Bronx County (Stanley Green, J.), entered May 5, 2011, which denied plaintiff's motion to strike defendant United Parcel Service, Inc.'s (UPS) answer, unanimously affirmed, with costs. Order, same court and Justice, entered May 6, 2011, which, to the extent appealed from as limited by the briefs, granted UPS's motion for summary judgment dismissing the complaint as against it, and granted third-party defendant Pitt Investigations, Inc.'s motion for summary judgment dismissing the claim for contractual indemnification, unanimously modified, on the law, to deny UPS's motion as to the negligent hiring, retention and supervision claims, to deny Pitt's motion, and to grant UPS's motion for summary judgment on its claim for contractual indemnification against Pitt, and otherwise affirmed, without costs.