On defendant's motion for summary judgment and dismissal of the complaint herein, pursuant to CPLR 3211 (subd. [a], par. 5) and CLPR 3212, on the ground of res judicata, the facts pertinent to the motion are undisputed.
On January 17, 1969, in the City of Rochester, New York, an automobile collision occurred between two vehicles, one owned and operated by the defendant, Juan Rios, and the second operated by one Harvey...
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