Brown Harris Stevens Westhampton LLC v. Gerber

— Order, Supreme *527Court, New York County (Eileen A. Rakower, J.), entered December 4, 2012, which denied plaintiffs motion for, among other things, summary judgment on its claim for a real estate commission, unanimously affirmed, with costs.

The court properly denied plaintiffs second successive motion for summary judgment, since plaintiff failed to offer any newly discovered evidence or demonstrate other sufficient cause for making the second motion (see 11 Essex St. Corp. v Tower Ins. Co. of N.Y., 81 AD3d 516, 517 [1st Dept 2011]). Defendant’s deposition testimony, although not available at…