
    Robert Depo et al., Appellants, v Marine Midland Bank, Respondent.
    Decided October 22, 1981
    
      APPEARANCES OF COUNSEL
    
      William R. Morgan for appellants.
    
      Richard W. Cook for respondent.
   OPINION OF THE COURT

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.  