Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion of the defendant Edward McCormack for leave to amend his answer and for summary judgment dismissing the complaint insofar as asserted against him based on the grounds of res judicata and collateral estoppel is denied, the complaint is reinstated against the defendant Edward McCormack, and the matter is remitted to the Supreme Court, Kings County, for further proceedings.
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