Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendants third-party defendants which was for summary judgment dismissing the third-party claim for common-law indemnification on the ground of res judicata is denied.
Under the doctrine of res judicata, or claim preclusion, "a judgment on the merits by a court of competent jurisdiction is res judicata and `forecloses a party from relitigating...
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