Opinion
Submitted April 5, 1926
Decided May 4, 1926
Appeal from the Supreme Court, Appellate Division, First Department.
Charles Recht and Osmond K. Fraenkel for appellant.
Albert Ottinger, Attorney-General ( Robert P. Beyer of counsel), for respondent.
Order affirmed, with costs, on the ground that the former adjudication on the application of the appellant for the return of the security is binding on the parties and prevents them from litigating over again the same issue. ( Williams v. Barkley, 165 N.Y. 48.)
Concur: HISCOCK, Ch. J., CARDOZO, POUND, McLAUGHLIN, CRANE, ANDREWS and LEHMAN, JJ.