Legal Opinion
Courthouse Corporate Center, LLC v. Schulman
Appellate Division of the Supreme Court of the State of New York
Decided November 1, 2011PublishedCited by 3 opinions
1Opinion of the Court
The defendants’ motion for summary judgment dismissing the third cause of action was based on matters that could have been, but were not, raised in the defendants’ prior motion for summary judgment. Multiple motions for summary judgment in the same action should be discouraged in the absence of a showing of newly discovered evidence or other sufficient cause (see NYP Holdings, Inc. v McClier Corp., 83 AD3d 426, 427 [2011]; Flomenhaft v Fine Arts Museum of Long Is., 255 AD2d 290 [1998]; Dillon v Dean, 170 AD2d 574 [1991]). Accordingly, the Supreme Court correctly denied the defendants’ motion.
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2Cases cited5 opinions
- Gitlin v. ChirinkinAppellate Division of the Supreme Court of the State of New York · 2009
- Fusca v. A & S ConstructionAppellate Division of the Supreme Court of the State of New York · 2011
- Dillon v. DeanAppellate Division of the Supreme Court of the State of New York · 1991
- Flomenhaft v. Fine Arts Museum of Long IslandAppellate Division of the Supreme Court of the State of New York · 1998
- NYP Holdings, Inc. v. McClier Corp.Appellate Division of the Supreme Court of the State of New York · 2011
3Cited by3 opinions
- Fitzgerald v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
- Vitale v. GiaimoAppellate Division of the Supreme Court of the State of New York · 2013
- Vitale v. GiaimoAppellate Division of the Supreme Court of the State of New York · 2013