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DIME SAV. BANK OF NEW YORK v. JOHNEAS

172 A.D.2d 1082 (1991)

Dime Savings Bank of New York, FSB, Appellant, v. Ruth Johneas, Respondent, et al., Defendants

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

April 26, 1991

Judgment unanimously reversed on the law with costs, motion granted, cross motion denied and complaint reinstated.

Memorandum:

In this foreclosure action, plaintiff appeals from a judgment which denied its motion for summary judgment and granted the cross motion of defendant Ruth Johneas for summary judgment dismissing the complaint. In dismissing the complaint, the court found that the bank had failed to name...

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