New York Court of Appeals, 1981

Depo v. Marine Midland Bank

Depo v. Marine Midland Bank
New York Court of Appeals · Decided October 22, 1981
54 N.Y.2d 943; 429 N.E.2d 832; 445 N.Y.S.2d 153; 1981 N.Y. LEXIS 3147

Depo v. Marine Midland Bank

Opinion of the Court

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.

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