Levine v. Polsey

Order of the City Court of the City of Mount Vernon granting plaintiff’s motion to strike out as insufficient in law the defense of res judicata pleaded in defendant’s supplemental answer, and denying defendant’s cross-motion for summary judgment affirmed, with ten dollars costs and disbursements. No opinion. Lazansky, P. J., Carswell, Johnston and Taylor, JJ., concur; Adel, J., concurs in so far as the order denies the cross-motion of the defendant, but dissents as to affirmance of that part of the order which grants plaintiff’s motion, and votes to modify the order on the law by striking…