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JOSEPH v. CITY OF BUFFALO

187 A.D.2d 946 (1992)

Susan Joseph, as Parent and Natural Guardian of Randie Joseph, II, an Infant, Respondent, v. City of Buffalo, Appellant, and Randie Joseph, Respondent. (Action No. 1.) City of Buffalo, Appellant, v. Randie Joseph, Respondent. (Action No. 2.)

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

November 18, 1992

Order unanimously reversed on the law without costs, motion for summary judgment granted and complaint against City of Buffalo dismissed.

Memorandum:

On a prior appeal, this Court affirmed Supreme Court's denial of defendant Randie Joseph's motion for summary judgment on the issue whether defendant Joseph was acting within the scope of his employment when the incident occurred (see, Joseph v City of Buffalo, 167 A.D.2d 830

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