Opinion
December 1, 1960
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, MAX M. MELTZER, J.
Harry Scheer for appellant.
Hallam M. Richardson and John J. Howley for respondents.
The order of the Supreme Court was predicated on procedure only, not on the merits of plaintiff's application. She was relegated to a plenary action, and therefore the court below erred in considering the order of the Supreme Court as res judicata to this action.
The judgment and order should be reversed, with $10 costs to plaintiff, and motion denied.
Concur — HECHT, J.P., STEUER and TILZER, JJ.
Judgment and order reversed, etc.