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366 BOMAR CO. v. SMITH, JACKSON & CO., INC.

51 A.D.2d 786 (1976)

366 Bomar Co., Respondent, v. Smith, Jackson & Co., Inc., et al., Defendants, and ADA Financial Service Corporation, Appellant. (And a Third-Party Action.)

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

February 17, 1976

Order affirmed, with $50 costs and disbursements.

Appellant's time to answer is extended until 20 days after entry of the order to be made hereon. Appellant seeks dismissal on the ground of res judicata. Whether the guarantee was comprehended in the stipulation of dismissal, with prejudice, in the previous action is not ascertainable from the existing stipulation. Such uncertainty precludes application of either the doctrine of res judicata or the doctrine...

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