SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT
December 11, 1969
DONALD BERG, RESPONDENT,
LIBERTY TOOL & DIE CORP., APPELLANT
Appeal from order of Monroe Special Term granting motion to modify preclusion order.
Goldman, P. J., Gabrielli, Moule, Bastow and Henry, JJ.
Memorandum: The granting of the motion by Special Term was an improvident exercise of discretion.
Order unanimously reversed, without costs and motion denied.
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