EIDELBERG v. ZELLERMAYER


5 A.D.2d 658 (1958)

Albert C. Eidelberg, Respondent, v. Herman Zellermayer et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

May 27, 1958.


Attorney(s) appearing for the Case

Nathaniel F. Silverstein of counsel (George Newman, attorney), for appellants.

Edwin R. Wolff for respondent.

RABIN, FRANK, McNALLY and STEVENS, JJ., concur.


BREITEL, J. P.

The question is whether plaintiff's present action is barred as a matter of res judicata by reason of prior judgment in favor of defendants. Defendants moved to dismiss the complaint pursuant to rule 107 (subd. 4) of the Rules of Civil Practice. Special Term denied the motion on the ground that the prior judgment dismissing the complaint resulted from plaintiff having pursued a remedy which...

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