Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendant's motion which was to dismiss the complaint on the ground that it was barred by the doctrine of res judicata is denied.
The Supreme Court improperly granted that branch of the defendant's motion which was to dismiss the complaint on the ground that it was barred by the doctrine of res judicata based upon a judgment of possession for the real property...
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