Purvin v. Grey ( 1946 )

In an action to recover damages for fraud and deceit, defendant appeals irom an order denying his motion to amend his answer so as to include a defense of res judicata, and for summary judgment pursuant to rule 113 of the Rules of Civil Practice dismissing the complaint. Order affirmed, with $10 costs and disbursements. No opinion. Lewis, P. J., Hagarty, Johnston, Aldrich and Nolan, JJ., concur. [See post, p. 876.]