Zimmerman v. Enterprise Wall Paper Manufacturing Co.

Motion by defendant (employer) for summary judgment dismissing the first and second causes of action on the ground of res judicata. Cross motion by the plaintiff (employee) for an order (1) dismissing the first separate defense for insufficiency (Rules Civ. Prac., rule 109), (2) dismissing the second separate defense for insufficiency (rule 109), (3) for summary judgment dismissing the first and second separate defenses (rule 113) and (4) striking out the employer’s answer for its failure to appear for examination before trial.

The employer commenced an action in the City Court of the City of…