Joseph A. Broderick, as Superintendent of Banks of the State of New York' Respondent, v. Max Aaron and Others, Defendants, Impleaded with Henry D. Gasner and Bessie Gasner, Appellants

Joseph A. Broderick, as Superintendent of Banks of the State of New York’ Respondent, v. Max Aaron and Others, Defendants, Impleaded with Henry D. Gasner and Bessie Gasner, Appellants. [MAJORITY] The rule against splitting causes of action is in the nature of a rule to prevent vexatious and oppressive litigation. To permit the opening of the original judgment many years after it was paid and long after the second action was tried would defeat the purpose of the rule. In the exercise of discretion the motion should be denied. Order unanimously reversed, with twenty dollars costs and disbursements, and the motion denied. Present — Martin, P. J., Townley, Untermyer and Callahan, JJ.