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NAPOSKI v. FIRST NATIONAL BANK OF ATLANTA

18 A.D.3d 834 (2005)

797 N.Y.S.2d 99

RONNIE L. NAPOSKI, Appellant, v. FIRST NATIONAL BANK OF ATLANTA, Doing Business as WACHOVIA BANK CARD SERVICES, et al., Respondents.

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

May 31, 2005.

Ordered that on the Court's own motion, AARP is granted leave to file a joint amicus brief with the National Association of Consumer Advocates; and it is further,

Ordered that the order is reversed, on the law, with costs, that branch of the defendants' motion which was, in effect, to dismiss the complaint on the ground that the plaintiff lacked standing to sue is denied, the complaint is reinstated, and the matter is remitted to the Supreme Court, Westchester County...

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