Order of August 9, 1957 denying defendant's motion for summary judgment unanimously affirmed on the law, without costs.
In an action to recover for personal injuries alleged to have been caused by defendant's negligence, the existence of an order of preclusion against the plaintiff does not make available to defendant summary judgment under rule 113 of the Rules of Civil Practice. Order of October 18, 1957 modifying and resettling the order of preclusion to extend...
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