Legal Opinion
Ralston Purina Co. v. Arthur G. McKee & Co.
Appellate Division of the Supreme Court of the State of New York
Decided June 7, 1991PublishedCited by 3 opinions
1Opinion of the Court
—Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following Memorandum: Successive motions for summary judgment should be discouraged in the absence of a showing of newly discovered evidence or other sufficient cause (see, McDougal v County of Livingston, 89 AD2d 815; Marine Midland Bank v Fisher, 85 AD2d 905, 906; Graney Dev. Corp. v Taksen, 62 AD2d 1148, 1149). In this case, third-party defendants GAF and Silbrico instituted two prior motions, one for summary judgment (CPLR 3212) and the other for dismissal (CPLR 3019). Both motions were…
2Cases cited5 opinions
- McDermott v. City of New YorkNew York Court of Appeals · 1980
- State v. Stewart's Ice Cream Co.New York Court of Appeals · 1984
- Marine Midland Bank v. FisherAppellate Division of the Supreme Court of the State of New York · 1981
- Graney Development Corp. v. TaksenAppellate Division of the Supreme Court of the State of New York · 1978
- McDougal v. County of LivingstonAppellate Division of the Supreme Court of the State of New York · 1982
3Cited by3 opinions
- Baker v. R.T. Vanderbilt Co.Appellate Division of the Supreme Court of the State of New York · 1999
- Bull & Bear Group, Inc. v. FullerDistrict Court, S.D. New York · 1992
- Velen Medical Supply, Inc. v. Greyhound Lines, Inc.Nassau County District Court · 2011