Congress Talcott Corp. v. Pacemakers Trading Corp.
Opinion of the Court
Order of Supreme Court, New York County (Karla Moskowitz, J.), entered January 28, 1991, which granted plaintiff’s motion for summary judgment, in part, on the issue of defendants’ liability, granted defendants’ cross-motion, in part, only to the extent of directing plaintiff to comply with defendants’ Notice for Discovery and Inspection dated December 5, 1989, and which directed a hearing before a Special Referee on the issues of damages and reasonable attorneys’ fees, unanimously affirmed, without costs.
Plaintiff, a factor, seeks to recover on the personal guarantees of the payment of obligations and liabilities of the defendant Pacemakers and defendants’ attempt to argue that the prior order of this Court on their motion to vacate a default judgment is res judicata on the issue of the viability of their defense is of no avail on this appeal. Defendants themselves
We have considered the remaining arguments of the parties on the appeal and cross-appeal and find them to be without merit. Concur—Sullivan, J. P., Wallach, Smith and Rubin, JJ.
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