Opinion
June 2, 1930.
Appeal from the Municipal Court, Borough of Queens, First District.
James E. Smith, Jr., for the appellant.
Jacob M. Mandelbaum [ Sidney Handler of counsel], for the respondent.
Judgment unanimously reversed upon the law and new trial granted, with thirty dollars costs to appellant to abide the event.
The judgment in favor of Guglielmo against the plaintiff, in an action in which the plaintiff and the defendant in this suit were parties defendant, was not res adjudicata as to the issues involved in the instant suit ( Self v. International Railway Co., 224 A.D. 238; Report of Appellate Term, No. 23, January term, 1930.) No opinion.