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VANDOROS v. KOVACEVIC

79 Misc.2d 238 (1974)

Peter Vandoros et al., Respondents, v. Anthony Kovacevic et al., Appellants.

Supreme Court, Appellate Term, Second Department.

February 28, 1974

Attorney(s) appearing for the Case

Edward J. Weber for appellants. William Biren for respondents.

Concur — GROAT, P. J., SCHWARTZWALD and MARGETT, JJ.

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 (

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