Kerin v. Kaufman

Judgment, Supreme Court, New York County (Richard Lowe, III, J.), entered December 5, 2001, upon an order granting plaintiff’s motion for summary judgment in lieu of complaint and awarding damages plus interest, unanimously reversed, on the law, without costs, the motion denied, plaintiff’s moving papers are deemed a complaint, and defendants are given 20 days from service of a copy of this order, with notice of entry, to serve an answer.

*337Defendants are principals of a company in which plaintiff was formerly employed as vice-president. Plaintiff sued defendants as guarantors of the financial…