Vandoros v. Kovacevic

Memorandum. Order affirmed, without costs.

Defendants appeal from an order granting summary judgment for plaintiffs dismissing defendants’ counterclaim, based upon a prior order of preclusion.

There appear to be different rules in the various departments as to whether a preclusion order, standing alone, warrants summary judgment. In the First Department, it has been held that summary judgment is not available based solely on a preclusion order (Israel v. Drei Corp., 5 AD 2d 987; cf. Fales v. Witkowski, 36 A D 2d 516). However, in a recent case, Jawitz v. British Leyland Motor Inc. (42 A D 2d…