Windward Photos v. United Parcel Service

—Order, Supreme Court, New *649York County (Paula Omansky, J.), entered on or about May 3, 1995, which denied defendant’s motion for summary judgment, and order, same court and Justice, entered January 26, 1996, which granted defendant’s motion for reargument and, upon reargument, adhered to the original determination, unanimously reversed, on the law, with costs, and defendant’s motion for summary judgment is granted. The Clerk is directed to enter judgment in favor of the defendant dismissing the complaint, with costs.

"Although common carriers are precluded from exempting themselves from all…