Strouse v. United Parcel Service

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Richard *1118A. Strouse (plaintiff) tore his biceps while lifting a box that he brought to a customer service center of defendant, United Parcel Service, for shipment. It is uncontroverted that an employee of defendant, having been informed by plaintiff that the box weighed as much as 130 pounds, directed plaintiff to put it on a counter scale for lighter packages. The employee then directed plaintiff to move the box to a floor scale. Supreme Court erred in granting…