Order reversed, on the law, with $10 costs and disbursements, and proceeding remitted to the Special Term for a determination on the merits of petitioner's claim that a valid employment agreement did not exist between the parties. The questions of fact have not been considered.
The Special Term denied the motion solely on the basis of res judicata, holding that it was bound by a determination in an action between the parties in the United States District Court...
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