Rael Automatic Sprinkler Co. v. Rosano , 387 N.Y.S.2d 230 ( 1976 )

In an action against the guarantors of a promissory note, the appeal is from an order of the Supreme Court, Nassau County, dated May 21, 1976, which denied plaintiffs motion to dismiss the first affirmative defense contained in the answer. Order affirmed, with $50 costs and disbursements. Neither the doctrine of res judicata nor the doctrine of collateral estoppel is applicable here. Latham, Acting P. J., Margett, Rabin, Titone and Hawkins, JJ., concur.