Depo v. Marine Midland Bank

Full title: ROBERT DEPO et al., Appellants, v. MARINE MIDLAND BANK, Respondent

Court: Court of Appeals of the State of New York

Date published: Oct 22, 1981

429 N.E.2d 832 (N.Y. 1981)

429 N.E.2d 832

445 N.Y.S.2d 153

Opinion

Decided October 22, 1981

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, THOMAS J. MURPHY, J.

William R. Morgan for appellants.

Richard W. Cook for respondent.

On summary consideration, order affirmed, with costs. In upholding the preclusion order, the Appellate Division did not abuse its discretion as a matter of law. Accordingly, the motion for summary judgment was properly granted.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.