Majority
p. 831William H. Purvin, Respondent, v. Harold N. Grey. Appellant.
In an action to recover damages for fraud and deceit, defendant appeals irom an order denying his motion to amend his answer so as to include a defense of res judicata, and for summary judgment pursuant to rule 113 of the Rules
p. 832
of Civil Practice dismissing the complaint. Order affirmed, with $10 costs and disbursements. No opinion. Lewis, P. J., Hagarty, Johnston, Aldrich and Nolan, JJ., concur. [See post, p. 876.]