Unanimously reversed, on the law, without costs or disbursements, and the motion denied.
Dismissal was granted on the ground of res judicata emanating from the settlement of and entry of judgment in an earlier matrimonial action between Sharman Douglas Hay, a coplaintiff herein, and defendant. Special Term found that the basis of res judicata was the stipulated dismissal in the matrimonial action of the fifth cause of action, which sought to establish...
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