¶1Judgment affirmed, with costs. No opinion. Rich, Young, Scudder and Tompkins, JJ., concur; Lazansky, P. J., dissents upon the ground that the prior judgment merged *787the cause of action and defendant’s remedy was at the foot of' the prior judgment.
230 A.D. 786
Foster v. Foster
Appellate Division of the Supreme Court of the State of New York
Decided September 15, 1930
Appellate Division of the Supreme Court of the State of New York · decided 1930-09-15
Decided 1930-09-15