¶1Order unanimously modified by granting defendants’ motion for leave to serve an amended answer interposing the defense of res judicata; but defendants’ motion for summary judgment is denied. The complete record in the prior action should be before the court at trial. Twenty dollars costs and disbursements are awarded to the appellants. No opinion. Settle order on notice. Present — Martin, P. J., Townley, Dore, Cohn and Callahan, JJ.
271 A.D.2d 779
Hernandez v. Probstein
Appellate Division of the Supreme Court of the State of New York
Decided October 18, 1946
Appellate Division of the Supreme Court of the State of New York · decided 1946-10-18
Decided 1946-10-18