Order entered on January 23, 1961, denying defendants' motion for summary judgment, affirmed, with leave to the defendants, if they so desire, to amend their answer to include the defense or partial defense of collateral estoppel, with costs to abide the event.
The motion for summary judgment pursuant to rule 113 of the Rules of Civil Practice based upon a claim of res judicata must be denied where such a defense is not pleaded in the answer. (Grande v....
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