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KOWALSKI ENTERPRISES, INC. v. SEM INTERNATIONAL L. L. C.

278 A.D.2d 371 (2000)

718 N.Y.S.2d 624

KOWALSKI ENTERPRISES, INC., et al., Respondents, v. SEM INTERNATIONAL L. L. C., Doing Business as RK INTERNATIONAL INC., et al., Appellants.

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

Decided December 18, 2000.

Ordered that the order is affirmed, with costs.

The Supreme Court properly dismissed the defendants' counterclaims alleging fraud and breach of contract, as those counterclaims were based on the same allegations which were previously found by this Court to be unsubstantiated (see, Kowalski Enters. v Sem Intl., 250 A.D.2d 648). That determination is the law of the case (see, Matter of Morrison, 273...

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