Mildred Terris, on Behalf of Herself and All Other Creditors of the Smith Food Corporation, Similarly Situated Who Shall Come in and Contribute to the Expenses of This Action, Respondent, v. Julian Food Corporation, J. K. Z. Food Corporation, Smith Food Corporation, Appellants, and Another, Defendant

Mildred Terris, on Behalf of Herself and All Other Creditors of the Smith Food Corporation, Similarly Situated Who Shall Come in and Contribute to the Expenses of This Action, Respondent, v. Julian Food Corporation, J. K. Z. Food Corporation, Smith Food Corporation, Appellants, and Another, Defendant. [MAJORITY] Order and judgment as against the Smith Food Corporation reversed on the law, without costs, motion denied, and the complaint as to it dismissed, without costs, on the ground that a judgment has already been rendered against this defendant for the same amount upon the same claim in the Municipal Court. Order and judgment as against the Julian Food Corporation unanimously affirmed, with ten dollars costs and disbursements. No opinion. Appeal of J. K. Z. Food Corporation dismissed. Lazansky, P. J., Young, Hagarty, Johnston and Taylor, JJ., concur.