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HESS v. WESSENDORF

102 A.D.2d 926 (1984)

Ann M. Hess et al., Respondents, v. Walter F. Wessendorf, Jr., Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 14, 1984

¶ The orders must be affirmed. Plaintiffs' cross motion for relief from the conditional order of preclusion should have been made to Justice Harold Soden, who had issued the conditional order of preclusion (CPLR 2221). At this time, however, we deem it appropriate to consider the subsequent order granting plaintiffs' motion for relief from the preclusion order, notwithstanding that Justice Dominick Viscardi made this subsequent...

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