Appellate Division of the Supreme Court of New York, 1946

Hernandez v. Probstein

Hernandez v. Probstein
Appellate Division of the Supreme Court of New York · Decided October 18, 1946
271 A.D.2d 779
Hernandez v. Probstein

Opinion of the Court

Order 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.

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