KOWALSKI ENTERS., INC. v. SEM INT'L


250 A.D.2d 648 (1998)

672 N.Y.S.2d 427

Kowalski Enterprises, Inc., et al., Appellants, v. Sem International L. L. C., Doing Business as RK International Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 11, 1998


Ordered that the order is reversed, on the law, with costs, the plaintiffs' motion is granted, and the matter is remitted for a determination of the amount due and owing under the promissory note and guarantee.

Under the circumstances of this case, the plaintiffs proved their entitlement to judgment as a matter of law by submitting, in support of their motion, proof of the promissory note and guarantee and of the defendants' failure to make the payments provided by...

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