Cafaro v. Emergency Services Holding, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*497In an action to recover damages for fraud and breach of contract and to recover payments due on a promissory note, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Loughlin, J.), dated February 24, 2004, as denied those branches of their motion which were (a) to strike the defendant’s first counterclaim for failure to comply with a conditional order of preclusion, or, in the alternative, for summary judgment dismissing that counterclaim, (b) to dismiss the defendant’s affirmative defense, (c) for leave to file and serve an…
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