
    Thomas Murphy, Respondent, v. Stephen Casella, Individually and as Executor and Trustee of the Estate of Domenico Cassella, Also Known as Dominico Casella, Appellant.
   Action for breach of contract and for damages for misrepresentation. Order denying defendant’s motion for an order of preclusion affirmed, with ten dollars costs and disbursements. No opinion. Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ., concur.  