¶1The order of the Supreme Court was predicated on procedure only, not on the merits of plaintiff’s application. She was relegated to a plenary action, and therefore the court below erred in considering the order of the Supreme Court as res judicata to this action.
¶2The-judgment and order should be reversed, with $10 costs to plaintiff, and motion denied.
¶3Concur—Hbcht, J. P., Steuer and Tilzeb, JJ.
¶4Judgment and order reversed, etc.