Order affirmed, with costs, on the memorandum at the Appellate Division (52 AD2d 556; see, also, Restatement, Judgments 2d, Tent Draft No. 1 [March 28, 1973], § 48, and Comments).

Concur: Chief Judge Beeitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.