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SUMMERS v. CITY OF ROCHESTER

60 A.D.3d 1275 (2009)

874 N.Y.S.2d 830

JOHN M. SUMMERS, Appellant, v. CITY OF ROCHESTER et al. Defendants, and EXPORT FINANCE INSURANCE CORPORATION, Respondent. (Appeal No. 2.)

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

Decided March 20, 2009.

It is hereby ordered that the order so appealed from is unanimously modified on the law by dismissing the second amended complaint against defendant Export Finance Insurance Corporation and as modified the order is affirmed without costs.

Same memorandum as in Summers v City of Rochester (60 A.D.3d 1271

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