Evelyn Goldsmith Home for Crippled Children, Inc. v. Island Park Associates, Inc.

Order affirmed, with ten dollars costs and disbursements. We think that a reply may be compelled to a plea in bar of a former judgment. (Mercantile Nat. Bank v. Corn Exch. Bank, 73 Hun, 78, 80; Olsen v. Singer Manufacturing Co., 138 App. Div. 407; Weglein v. Trow Directory, P. & B. Co., 152 id. 705, 709; Toplitz v. Garrigues, 71 id. 37, 39; Timble v. Russell, 41 Misc. 577, 579; Brinkerhoff v. Brinkerhoff, 8 Abb. N. C. 207.) But in view of defendants’ long delay in making the motion, we think that the learned Special Term properly exercised its discretion in denying it. Lazansky, P. J., Young,…