SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
March 31, 1969
CATHERINE HESS, RESPONDENT,
KUNY EDELMAN ET AL., APPELLANTS
In an action to recover damages for personal injuries, defendants appeal from an order of the Supreme Court, Suffolk County, dated February 9, 1968, which granted plaintiff's motion for summary judgment.
Brennan, Acting P. J., Rabin, Hopkins, Benjamin and Munder, JJ. concur.
As we read the oral opinion of the Trial Judge in the prior action between these parties (Edelman v. Hess), he found that Kuny Edelman was negligent and that Catherine Hess was not. Under the circumstances, plaintiff's motion for summary judgment was properly granted under the doctrine of res judicata.
Order affirmed, with $10 costs and disbursements.
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