Israel v. Walter Kaye Associates, Inc.

— In an action to recover damages grounded in negligence by an insurance broker, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Becker, J.), entered January 26, 1988, as granted the plaintiffs’ motion to strike its affirmative defense of res judicata and denied its cross motion for summary judgment dismissing the complaint as barred by the doctrine of res judicata.

Ordered that the order is reversed insofar as appealed from on the law, with costs, that branch of the motion which was to dismiss the affirmative defense of res…