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CARLSON v. PORTER

CA 07-00958.

2008 NY Slip Op 06260

MICHAEL J. CARLSON, SR., INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF CLAUDIA D'AGOSTINO CARLSON, DECEASED, PLAINTIFF-RESPONDENT, v. WILLIAM M. PORTER, MVP DELIVERY AND LOGISTICS, INC., AIRBORNE, INC., AIRBORNE, INC., DOING BUSINESS AS AIRBORNE EXPRESS, DHL INTERNATIONAL, LTD., DHL WORLDWIDE EXPRESS, DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. (APPEAL NO. 2.)

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

Decided July 11, 2008.

Attorney(s) appearing for the Case

HISCOCK & BARCLAY, LLP, BUFFALO (MICHAEL E. FERDMAN OF COUNSEL), FOR DEFENDANT-APPELLANT WILLIAM M. PORTER.

GOLDBERG SEGALLA LLP, BUFFALO (SUSAN VAN GELDER OF COUNSEL), FOR DEFENDANT-APPELLANT MVP DELIVERY AND LOGISTICS, INC.

ORRICK, HERRINGTON & SUTCLIFFE LLP, NEW YORK CITY (J. PETER COLL, JR., OF COUNSEL), CHELUS, HERDZIK, SPEYER, MONTE & PAJAK, P.C., BUFFALO, COLVIN WEAVER & CERNIGLIA, LLC, NEW ORLEANS, LOUISIANA, FOR DEFENDANTS-APPELLANTS AIRBORNE, INC., AIRBORNE, INC., DOING BUSINESS AS AIRBORNE EXPRESS, DHL INTERNATIONAL, LTD., AND DHL WORLDWIDE EXPRESS.

BROWN CHIARI LLP, LANCASTER (JANET D. CALLAHAN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

PRESENT: CENTRA, J.P., LUNN, PERADOTTO, GREEN, AND PINE, JJ.

It is hereby ORDERED that the judgment so appealed from is modified on the law by granting the post-trial motion of defendants Airborne, Inc., Airborne, Inc., doing business as Airborne Express, DHL International Ltd., and DHL Worldwide Express, setting aside the verdict against those defendants and dismissing the complaint against those defendants, and by granting the post-trial motion of defendant MVP Delivery and Logistics, Inc. in part, setting aside the verdict against...

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