
    Elizabeth Guinan, Appellant, v. Emanuele Trotta et al., Respondents.
    Supreme Court, Appellate Term, First Department,
    December 1, 1960.
    
      
      Harry Scheer for appellant. Hallam M. Richardson and John J. Howley for respondents.
   Per Curiam.

The order of the Supreme Court was predicated on procedure only, not on the merits of plaintiff’s application. She was relegated to a plenary action, and therefore the court below erred in considering the order of the Supreme Court as res judicata to this action.

The-judgment and order should be reversed, with $10 costs to plaintiff, and motion denied.

Concur—Hbcht, J. P., Steuer and Tilzeb, JJ.

Judgment and order reversed, etc.  