Dunkin' Donuts, Inc. v. HWT Associates, Inc.

— In two actions, inter alia, to recover on promissory notes, the defendants appeal from (1) an order of the Supreme Court, Queens County (Santucci, J.), dated August 28, 1990, which denied their motion under CPLR 5015 for restitution in kind from the plaintiff Dunkin’ Donuts, Incorporated and to vacate a judgment in Action No. 2 in favor of the plaintiff MAA Company, Inc., on the ground of fraud, and (2) an order of the same court, dated November 15, 1990, which, upon reargument, adhered to the prior determination.

Ordered that the appeal from the order dated August 28, 1990, is dismissed, as…