Birnbaum v. Birnbaum

Order, Supreme Court, New York County (William J. Davis, J.), entered September 7, 1990, which, inter alia, granted the motion of defendants Jay Birnbaum and llene Flaum for summary judgment dismissing the complaint and denied plaintiffs cross-motion to dismiss the defendants’ affirmative defenses, unanimously reversed insofar as appealed from, on the law and the facts without costs and disbursements, defendants’ motion for summary judgment dismissing the complaint is denied, and the plaintiffs motion for summary judgment dismissing defendants’ collateral estoppel and res judicata defenses…