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EDWARD KWIATEK, Doing Business as E.M.E. TRUCKING, Respondent, v. BUFFALO TRUCK SALES SERVICE et al., Defendants, and VOLVO GM HEAVY TRUCK CORPORATION, Appellant.

Order unanimously reversed on the law without costs and motion granted. Memorandum: Supreme Court erred in denying Volvo's motion for summary judgment. Plaintiff cannot establish a prima facie cause of action because, by failing to comply with a prior conditional order of preclusion, plaintiff is barred from introducing any evidence regarding the central issues of liability and damages (see, Zletz v Wetanson, 67 N.Y.2d 711, 713; Thompson v County of Erie, 91 A.D.2d 850, affd 61 N.Y.2d 648; Depo v Marine Midland Bank, 79 A.D.2d 846, affd 54 N.Y.2d 943; McCraith v Wehrung, 42 A.D.2d 825).

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KWIATEK v. BUFFALO TRUCK SALES SERVICE
(Dec 26, 1991)