¶1*167Memorandum. Order unanimously reversed, with $10 costs to defendant, and motion to amend answer and for summary judgment granted.
¶2Defendant’s freedom from contributory negligence was established in the prior action. It was error to deny the motion to amend the answer to allege the defense of res judicata and for summary judgment based on such defense.
¶3Concur — Groat, P. J., Rinaldi and Cone, JJ.