Berg v. Liberty Tool & Die Corp. , 33 A.D.2d 891 ( 1969 )

Order unanimously reversed, without costs and motion denied. Memorandum: The granting of the motion by Special Term was an improvident exercise of discretion. (Appeal from order of Monroe Special Term granting motion to modify preclusion order.) Present — ■ Goldman, P. J., Gabrielli, Moule, Bastow and Henry, JJ.