¶ Order reversed, on the law, with costs, and defendant's motion to dismiss the complaint granted.
¶ An earlier action against the defendant sounding in negligence, breach of warranty and strict liability was dismissed pursuant to CPLR 3126 (subd 3) because of plaintiffs' failure to comply with a conditional preclusion order concerning discovery and inspection. The order of dismissal did not state that it was on the merits. No appeal was taken from that...
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