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Hernandez v. Probstein

271 A.D.2d 779 Court N.Y. App. Div. Decision date 1946-10-18 English

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p. 779
Louis Hernandez, Respondent, v. Stanley P. Probstein et al., Doing Business as Chase Cab Company, Appellants.

Order unanimously modified by granting defendants’ motion for leave to serve an amended answer interposing the defense of res judicata; but defendants’ motion for summary judgment is denied. The complete record in the prior action should be before the court at trial. Twenty dollars costs and disbursements are awarded to the appellants. No opinion. Settle order on notice. Present — Martin, P. J., Townley, Dore, Cohn and Callahan, JJ.