Majority
p. 943Robert Depo et al., Appellants, v Marine Midland Bank, Respondent. Decided October 22, 1981
p. 944
APPEARANCES OF COUNSEL
William R. Morgan for appellants.
Richard W. Cook for respondent.
OPINION OF THE COURT
On summary consideration, order affirmed, with costs. In
p. 945
upholding 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.