Opinion
February 21, 1963
Appeal from the Court of Claims.
Present — Williams, P.J., Goldman, Halpern, McClusky and Henry, JJ.
Order unanimously reversed on the law, with costs to appellant to abide the event. Memorandum: The Court of Claims erred in dismissing the claim on the ground of res judicata. The identity of issues was not adequately established and therefore collateral estoppel does not apply. ( Israel v. Wood Dolson Co., 1 N.Y.2d 116, 119.)