Public Service Mutual Insurance v. Windsor Place Corp.

—Order, Supreme Court, New York County (Stuart Cohen, J.), entered on or about September 11, 1996, which denied defendants’ motion for summary judgment, unanimously affirmed, with costs.

The motion was properly denied as multiple summary judgment motions in the same action should be discouraged in the absence of newly discovered evidence or sufficient cause (see, La Freniere v Capital Dist. Transp. Auth., 105 AD2d 517). In any event, that part of the lease waiving subrogation specifically required a clause in the releasors’ insurance policies stating that such a waiver would not invalidate the…