Fischer v. Machon Bais Yaakov

— Order and judgment (one paper), Supreme Court, New York County (Karla Moskowitz, J.), entered May 10, 1991, which, inter alia, denied plaintiff’s motion for a judgment on default against two of the three defendants, and sua sponte dismissed the claim for fraud and punitive damages against all defendants, unanimously affirmed, with costs.

Plaintiff sued defendants for failure to repay a $10,000 loan made to defendant school. The initial check tendered in the amount of $10,000 was unpaid because of insufficient funds in the corporate account. Thereafter two checks in the amount of $5,000 each…