It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying the motions of defendant and third-party defendant seeking to preclude plaintiffs, by operation of collateral estoppel, from alleging that plaintiff Paul Telesco sustained a back injury and as modified the order is affirmed without costs.
Memorandum:
Plaintiffs commenced this action to recover damages for injuries sustained by Paul Telesco...
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