General
Frieda Rader et al., Respondents, v. Manufacturers Casualty Insurance Company of Philadelphia, Penna., et al., Appellants
283 A.D. 1027·New York Supreme Court, Appellate Division·1954·NY
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Opinion
Frieda Rader et al., Respondents, v. Manufacturers Casualty Insurance Company of Philadelphia, Penna., et al., Appellants.
[MAJORITY]
Order unanimously affirmed, without costs, with leave however to defendants to pleád as a defense the prior judgment (Rules Civ. Prac., rule 108). The question as to the identity of the issues and parties in the prior action that would be the basis of a defense of res judicata can best be determined after a trial. Present — Dore, J. P., Cohn, Callahan, Bastow and Botein, JJ.