Legal Opinion

Jones v. 636 Holding Corp.

Appellate Division of the Supreme Court of the State of New York

Decided May 4, 2010PublishedCited by 23 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Patricia Anne Williams, J.), entered October 8, 2009, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Successive motions for summary judgment should not be entertained without a showing of newly discovered evidence or other sufficient justification (see Phoenix Four v Albertini, 245 AD2d 166 [1997]). In this action for personal injury resulting from a courtyard shooting, the “new” evidence presented on the follow-up motion for summary relief, consisting of an affidavit from a forensic…

2Cases cited2 opinions

  1. Phoenix Four, Inc. v. AlbertiniAppellate Division of the Supreme Court of the State of New York · 1997
  2. Taub v. Art Students LeagueAppellate Division of the Supreme Court of the State of New York · 2009

3Cited by23 opinions

  1. Maggio v. 24 West 57 PFF, LLCAppellate Division of the Supreme Court of the State of New York · 2015
  2. Amill v. Lawrence Ruben Co.Appellate Division of the Supreme Court of the State of New York · 2014
  3. Ferolito v. VultaggioAppellate Division of the Supreme Court of the State of New York · 2012
  4. MTGLQ Invs., LP v. ColladoAppellate Division of the Supreme Court of the State of New York · 2020
  5. Whalen v. New York City Department of Environmental ProtectionAppellate Division of the Supreme Court of the State of New York · 2011

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