Ordered that the order is modified, as a matter of discretion, by adding thereto a provision granting the defendant husband leave to renew that branch of his motion which was to dismiss the action on the ground of res judicata, upon proof that a judgment has been entered in the prior action for divorce brought by him, as plaintiff, against his wife; as so modified, the order is affirmed, without costs or disbursements.
In 1987, the defendant husband brought...
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