Order granting plaintiff's motion for summary judgment, dated March 7, 1960, unanimously reversed, on the law and on the facts, with $20 costs and disbursements to the appellant, and the plaintiff's motion for summary judgment denied, with $10 costs.
In this negligence action, the plea of res judicata affirmatively asserted by the plaintiff is grounded on a judgment determining the defendant's liability in respect of the same occurrence in an action brought...
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