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KWIATEK v. BUFFALO TRUCK SALES & SERV.

178 A.D.2d 948 (1991)

Edward Kwiatek, Doing Business as E.M.E. Trucking, Respondent, v. Buffalo Truck Sales & Service et al., Defendants, and Volvo GM Heavy Truck Corporation, Appellant

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

December 26, 1991

Order unanimously reversed on the law without costs and motion granted.

Memorandum:

Supreme Court erred in denying Volvo's motion for summary judgment. Plaintiff cannot establish a prima facie cause of action because, by failing to comply with a prior conditional order of preclusion, plaintiff is barred from introducing any evidence regarding the central issues of liability and damages (see, Zletz v Wetanson, 67 N.Y.2d 711

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