Furman v. Furman

We think the Special Term properly dismissed the . complaint on the ground that the prior judgment granted on the merits after a trial between the same parties was res judicata. That judgment was unanimously affirmed by this court without opinion (Furman v. Furman, 259 App. Div. 988); motion for leave to appeal to the Court of Appeals or for reargument denied (259 App. Div. 1073); motion for leave to appeal to the Court of Appeals dismissed (284 N. Y. 591). The cause of action forming the basis of the present action at law differs from that asserted in the previous equity suit in that only…