ZARCONE v. PERRY

Order affirmed, with costs, for the reasons stated in the opinion by Justice JAMES D. HOPKINS at the Appellate Division ( 78 A.D.2d 70), insofar as the result is based upon the principles of res judicata and collateral estoppel. However, we express no view regarding the applicability of the rule prohibiting double recovery, as we conclude that it is unnecessary to reach that issue.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.