Judgment reversed, without costs or disbursements, motion to be relieved from an order of preclusion dated April 21, 1976, granted and said order vacated and motion for summary judgment denied.
Under the circumstances of this case Special Term improvidently exercised its discretion in denying defendants' motion to be relieved from the order of preclusion. Furthermore, it is our opinion that summary judgment was improperly granted to plaintiff in this case. This is...
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