It is hereby ordered that the order and judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
In appeal No. 1, plaintiffs appeal from an order and judgment denying their motion seeking preclusion and granting the cross motion of defendant Pepsi Cola Buffalo Bottling Corp. (Pepsi) for summary judgment dismissing the amended complaint against it in this action for malicious prosecution. In appeal No. 2, plaintiffs...
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