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JOHNSON v. FIRST FEDERAL SAVINGS & LOAN ASSOCIATION

19 A.D.3d 1085 (2005)

796 N.Y.S.2d 801

LEVINO JOHNSON et al., Appellants, v. FIRST FEDERAL SAVINGS & LOAN ASSOCIATION, Respondent. (Action No. 1.) CITY OF BUFFALO, Appellant, v. FIRST FEDERAL SAVINGS & LOAN ASSOCIATION, Respondent. (Action No. 2.)

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

June 10, 2005.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law with costs, the motion is denied and the complaints are reinstated.

Memorandum:

The plaintiffs in action No. 1 commenced that action seeking damages for injuries sustained by Levino Johnson (plaintiff) when he fell through the porch railing of a residence owned by HSBC Bank USA (HSBC), incorrectly sued herein as

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