Order reversed, on the law, with $10 costs and disbursements to defendant Schule against defendant Slowey, and motion denied.
No questions of fact were considered. In our opinion, in a negligence action brought against two defendants who had previously been adversaries in another action based on the same automobile accident, one of the defendants may question the sufficiency of the other's defense of res judicata, even though plaintiff has not (Higginbotham...
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