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MORRIS ISRAEL, Appellant, v. GOLDIE KRUPA, Defendant, and ROBERT KRUPA, Defendant-Respondent.

MEMORANDUM

Per Curiam.

Where a guest in plaintiff's automobile sues plaintiff and defendants for personal injuries suffered as a result of a collision between two automobiles driven by plaintiff and defendant-respondent, the judgment obtained in her favor against plaintiff and in defendants' favor may not be set up against plaintiff as res judicata in a subsequent action by plaintiff against defendant-respondent for property damage. ( Self v. International Ry. Co., 224 A.D. 238.) The defendant not having appealed from the dismissal of his counterclaim he may not have a second trial. ( Ginsberg v. City of Long Beach, 286 N.Y. 400, 403.)

Judgment and order so far as appealed from reversed, with ten dollars costs to appellant to abide the event, and motion denied.

HAMMER, SHIENTAG and HECHT, JJ., concur.

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ISRAEL v. KRUPA
(Jun 28, 1943)