Serino v. Miller Brewing Co.

Order unanimously reversed on the law without costs, motion granted and cross motion denied. Memorandum: Supreme Court erred in granting the cross motion by Riley Stoker Corporation for leave to renew a prior motion for summary judgment. The prior motion was instituted by defendant Miller Brewing Company and resulted in a decision favorable to Riley Stoker. A prevailing party is not permitted to renew a motion upon which it has already prevailed, particularly where, as here, the cross motion was made subsequent to the filing of a notice of appeal from the original motion (see, Diviak v…