ZABRISKIE v. ZOLOTO


22 A.D.2d 620 (1965)

Fred I. Zabriskie, Respondent, v. Hyman L. Zoloto, Appellant. Hyman L. Zoloto, Appellant, v. Fred I. Zabriskie et al., Respondents

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

April 6, 1965.


Attorney(s) appearing for the Case

Arthur Karger of counsel (Zoloto, Karger & Zurkow, attorneys), for appellant.

Joseph K. Guerin of counsel (Myers & Guerin, attorneys), for Fred I. Zabriskie, respondent.

Silver & Schoenblum for Florence R. Smith, respondent.

BOTEIN, P. J., VALENTE, McNALLY and STEUER, JJ., concur.


EAGER, J.

The defendant appeals from an order insofar as it denied his motion for summary judgment dismissing the amended complaint herein. The order also granted defendant leave to serve an amended answer setting up as an affirmative defense a judgment rendered in a prior action between the parties, and the defendant urges that such judgment should be given res judicata effect to dispose of certain critical...

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