Opinion
Decided February 8, 1990
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Andrew Tyler, J.
Frank A. Weg for appellant.
Michael A. Ellenberg for respondent.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 150 A.D.2d 187). To the extent that appellant has preserved his argument for our review, we add only that preclusive effect may be given to issues that were actually litigated, squarely addressed and specifically decided (compare, Malloy v Trombley, 50 N.Y.2d 46, 50-53, with O'Connor v G R Packing Co., 53 N.Y.2d 278, 282-284).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.