Appellate Division of the Supreme Court of the State of New York May 1, 1995 (Sher v. Pellicano)

In an action to recover damages, inter alia, for malicious prosecution, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Floyd, J.), dated December 29, 1993, as denied that branch of their motion which was for an order of preclusion.

Ordered that the order is affirmed insofar as appealed from, with costs.