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KLEIN v. FED'N BANK & TRUST CO.

32 A.D.2d 963 (1969)

Deborah Klein et al., Appellants, v. Federation Bank & Trust Co., Respondent

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

July 14, 1969

Order and judgment affirmed, with one bill of $10 costs and disbursements.

The second cause of action in the amended complaint was dismissed on the theory that it was barred by the doctrine of res judicata. In our opinion, this cause of action should have been dismissed for legal insufficiency. As in the prior action instituted by plaintiff Ernest Klein alone (see Klein v. American Trust Co., 25 A.D.2d 564), this cause...

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