
    Morris L. Kaufman, Appellant, v. Alfred G. Walter, Respondent.
    Supreme Court, Appellate Term, Second Department,
    May 1, 1925.
    Judgment — res judicata — judgment in action on one of two claims arising out of same contract bar to action on second claim.
    A judgment, in an action brought on one of two claims arising out of the same contract, in existence when said action was brought, is a bar to an action on the other claim.
    Appeal from a judgment of the Municipal Court, Borough of Brooklyn, Sixth District.
    
      Mark Rudich, for the appellant.
    
      Cyrus S. Jullien, for the respondent,
   Per Curiam:

Judgment affirmed, with twenty-five dollars costs.

We think the logical rule is where two or more claims arising out of the same contract are in existence when an action is brought upon one, a judgment in that action is a bar to an action upon the other. In coming to this conclusion we have not overlooked Perry v. Dickerson (85 N. Y. 345).  