Kowalski Enterprises, Inc. v. Sem International L. L. C.

In an action, inter alia, to recover on a promissory note and a guarantee, the defendants appeal from an order of the Supreme Court, Kings County (Held, J.), dated September 14, 1999, which granted the plaintiffs’ motion for summary judgment dismissing the first and second counterclaims alleging fraud and breach of contract, respectively, and denied those branches of their cross motion which were for leave to replead and/or amend their counterclaims and to compel the plaintiffs to appear for depositions.

Ordered that the order is affirmed, with costs.

The Supreme Court properly dismissed the…