Opinion
February 1, 1943.
Present — Close, P.J., Hagarty, Johnston, Adel and Lewis, JJ.
In this action to recover damages for personal injuries and for property damage sustained by plaintiff in an automobile collision, by reason of defendants' alleged negligence, defendants were permitted to amend their answer to plead as res judicata a judgment of the Municipal Court in an action involving the same parties and same issues. In that action, in which the respondents herein were the plaintiffs, the judgment in favor of the present plaintiff was based upon the trial justice's findings of fact, contained in his decision, that the present defendants were guilty of contributory negligence and that the present plaintiff was negligent. This case is identical with Holmes v. Ivanhoe Cleaners Dyers, Inc. ( 252 App. Div. 765). The order granting respondents' motion for summary judgment, and the judgment entered thereon dismissing the complaint upon the merits, are unanimously affirmed, with ten dollars costs and disbursements.