Zanghi v. Greyhound Lines, Inc.

—Order unanimously affirmed without costs. Memorandum: We reject the contention of defendant that plaintiffs’ present action based upon General Municipal Law § 205-e is barred by res judicata. In plaintiffs’ previ*931ous action, Supreme Court denied defendant’s pretrial motion for summary judgment dismissing the complaint and the action was tried in 1993, resulting in a verdict in favor of plaintiffs. On April 15, 1994, we reversed and granted defendant’s pretrial motion for summary judgment on the ground that the action was barred by the "fireman’s rule”, and the Court of Appeals affirmed on…