Defendants' motion to dismiss was properly granted since plaintiff's claims should have been asserted in the earlier proceeding. To allow such claims to be raised in the present proceeding would impair the rights established by the earlier proceeding and so render the final judgment obtained in that earlier proceeding of no force or effect. New York's permissive counterclaim rule "does not * * * permit a party to remain silent in the first action and then bring a second one...
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