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AUSTIN v. CITY OF BUFFALO

179 A.D.2d 1079 (1992)

Margaret Austin, Individually and as Administratrix of The Estate of Michael Austin, Deceased, Respondent, v. City of Buffalo et al., Defendants, and Burnwell Gas of Alden, Inc., et al., Appellants City of Buffalo et al., Respondents, v. George D. Wilson, Jr., Individually and Doing Business as Amherst Radiator Company and Others, et al., Appellants. (And 54 Other Actions.) (Appeal No. 5.)

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

January 31, 1992

Order unanimously modified on the law and as modified affirmed without costs, in accordance with same Memorandum as in Austin v City of Buffalo ([appeal No. 1] 179 A.D.2d 1075 [decided herewith]) and the following Memorandum: The City of Buffalo's action for damages for destroyed and damaged fire vehicles and equipment is dismissed. The injury to its property was a foreseeable risk when...

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