Opinion
June 10, 1998
Appeal from Order of Supreme Court, Onondaga County, Tormey, III, J. — Preclusion.
Present — Green, J.P., Lawton, Pigott, Jr., and Balio, JJ.
Order unanimously reversed on the law without costs, motions and application denied and complaint reinstated. Same Memorandum as in Carter v. Maloff ( 251 A.D.2d 979 [decided herewith]).