RIFKIND, District Judge.
The defendant and the third party defendant move for summary judgment dismissing the complaint. With the consent of plaintiff, I shall treat the motion for summary judgment as if the defense of res judicata had been formally pleaded, without considering whether in fact the answer adequately sets forth such a defense.
The action is for the foreclosure of a mortgage. The defense asserted is that in another action, in the New York Supreme...
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