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Current Developments in the Commercial Divisions of the
New York State Courts
Posted: April 13, 2015

Court Affirms Prohibition on Successive Motions

On April 7, 2015, the First Department issued a decision in Fleming & Assoc., CPA, PC v. Murray & Josephson, CPAs, LLC, 2015 NY Slip Op. 02899, analyzing the successive motion rule.

In Fleming & Assoc., the defendants moved multiple times for summary judgment. On appeal of the successive motions, the First Department affirmed the denial of those motions, explaining:

As we have held, [s]uccessive motions for summary judgment should not be entertained without a showing of newly discovered evidence or other sufficient justification. These appeals are from orders denying defendants’ second and third motions for summary judgment. Their first motion for the same relief was denied by Supreme Court’s order entered on July 23, 2013. These motions are not based upon newly discovered evidence and our decision on a prior appeal does not otherwise warrant their consideration.

(Internal quotations and citations omitted).

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