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MOORE v. FIRST FED. SAV. & LOAN ASS'N OF ROCHESTER

237 A.D.2d 956 (1997)

654 N.Y.S.2d 900

Benjamin Moore et al., Respondents, v. First Federal Savings and Loan Association of Rochester, Appellant

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

March 14, 1997

Order reversed on the law without costs, motion granted and complaint dismissed.

Memorandum:

Supreme Court erred in denying defendant's motion to dismiss the complaint for failure to state a cause of action. Plaintiffs' general negligence cause of action should have been dismissed because defendant owed no duty to plaintiff Benjamin Moore under the circumstances of this case (see, Coyer v Hyster Co.

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