Order affirmed, with $50 costs and disbursements.
The doctrine of res judicata does not bar this action against defendant Lubitz. The previous action brought against him by plaintiffs, which resulted in a discontinuance with prejudice, sought to enforce an agreement by Lubitz to purchase an assignment of the mortgage. The action now brought by plaintiffs seeks foreclosure and a deficiency judgment on the bond and mortgage itself. The outcome of the prior action...
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