Powers v. Velasco

—Judgment, Supreme Court, New York County (Herman Cahn, J.), entered March 29, 1996, awarding defendant the principal sum of $86,000 and bringing up for review an order, same court and Justice, entered January 22, 1996, which granted defendant’s motion for summary judgment on his counterclaim for conversion, unanimously affirmed, with costs. Appeal from the order unanimously dismissed, without costs, as subsumed within the appeal from the judgment.

The motion court properly declined to allow plaintiff to circumvent the final preclusion order and the resulting award *198of summary judgment…