Citibank (South Dakota), N.A. v. Runfola

—Order unanimously reversed on the law with costs and motion granted. Memorandum: Supreme Court erred in denying plaintiffs motion seeking summary judgment on an account stated for a credit card balance on the ground that plaintiff had made a previous motion for the same relief. While successive motions for summary judgment are generally discouraged (see, Welch Foods v Wilson, 277 AD2d 882; see also, Gadley v U.S. Sugar Co., 259 AD2d 1041), in this case defendant did not oppose the present motion on that ground. Indeed, neither party has addressed that ground on appeal.

We conclude that…