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POWELL v. TRANS-AUTO SYS., INC.

32 A.D.2d 650 (1969)

Milan Powell, Appellant, v. Trans-Auto Systems, Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 12, 1969

This third motion by plaintiff for summary judgment was properly denied.

The practice of making successive motions for summary judgment, each based upon new factual assertions and proofs which were available to the movant from the outset, is to be discouraged (cf. Levitz v. Robbins Music Corp., 17 A.D.2d 801). In any event, there are present issues of fact as to plaintiff's contributory...

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