Legal Opinion

Fleming & Associates, CPA, PC v. Murray & Josephson, CPAs, LLC

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

Decided April 7, 2015No. 651813/11 14566 14565PublishedCited by 1 opinion

1Opinion of the Court

Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered on or about May 28, 2014, which denied defendants’ motion for summary judgment dismissing the cause of action for breach of fiduciary duty, unanimously affirmed, without costs. Order, same court and Justice, entered on or about May 28, 2014, which denied defendants’ motions for partial summary judgment, unanimously affirmed, without costs.

As we have held, “Successive motions for summary judgment should not be entertained without a showing of newly discovered evidence or other sufficient justification” (Jones v 636 Holding…

2Cases cited2 opinions

  1. Jones v. 636 Holding Corp.Appellate Division of the Supreme Court of the State of New York · 2010
  2. Amill v. Lawrence Ruben Co.Appellate Division of the Supreme Court of the State of New York · 2014

3Cited by1 opinion

  1. Polygenis v. Stone Lounge Press, Inc.Appellate Division of the Supreme Court of the State of New York · 2022

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