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Rader v. Manufacturers Casualty Insurance Co. of Philadelphia

283 A.D. 1027 Court N.Y. App. Div. Decision date 1954-06-08 English

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p. 1027
Frieda Rader et al., Respondents, v. Manufacturers Casualty Insurance Company of Philadelphia, Penna., et al., Appellants.

Order unanimously affirmed, without costs, with leave however to defendants to pleád as a defense the prior judgment (Rules Civ. Prac., rule 108). The question as to the identity of the issues and parties in the prior action that would be the basis of a defense of res judicata can best be determined after a trial. Present — Dore, J. P., Cohn, Callahan, Bastow and Botein, JJ.