Ordered that the order is modified, on the law, by deleting the provision thereof granting the plaintiff's motion for summary judgment dismissing the defendants' counterclaim and substituting therefor a provision denying the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
The Supreme Court properly determined that the doctrine of res judicata does not bar litigation of the validity of the plaintiff's resignation...
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