Majority
p. 752Lawrence J. Gallagher, Individually and as a Stockholder of the New York Dock Company, Respondent, v. New York Dock Company, New York Dock Trade Facilities [Corporation], Neal D. Becker, Grigori Benenson, Robert E. Dowling, Robert W. Dowling, Charles E. Hotchkiss, Harold C. McCullom, Richard L. Morris, Darragh A. Park, Chalien R. Parker, David L. Tilly, William J. Wason, Jr., Individually and as Officers and Directors of the New York Dock Company, Appellants. (Appeal No. 1.)
Order denying defendants’ motion for judgment under rule 113 of the Rules of Civil Practice or, in the alternative, for judgment on the pleadings under section 476 of the Civil Practice Act and rule 112 of the Rules of Civil Practice, affirmed, with ten dollars costs and disbursements. The record is not sufficient to warrant the granting of summary judgment upon the defense of res judicata. That defense may be disposed of on the trial. Hagarty, Carswell, Davis, Johnston and Adel, JJ., concur.