Depo v. Marine Midland Bank

OPINION OF THE COURT

On summary consideration, order affirmed, with costs. In *945upholding the preclusion order, the Appellate Division did not abuse its discretion as a matter of law. Accordingly, the motion for summary judgment was properly granted.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.