Rifkin v. Pologeorgis Furs, Inc.

OPINION OF THE COURT

Order entered August 27, 1993 modified by granting defendant-appellant United Parcel Service summary judgment limiting its liability to the sum of $100 on the cross claim of defendant-respondent Pologeorgis Furs, Inc.; as modified, order insofar as appealed from affirmed, with $10 costs to defendant-appellant payable by defendant-respondent.

In the absence of any competent showing that the alleged nondelivery of plaintiffs’ fur coat resulted from any "affirmative wrongdoing” on the part of defendant United Parcel Service (UPS) or its employees, UPS is entitled to the…