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SCACCHETTI v. GANNETT CO., INC.

123 A.D.2d 497 (1986)

Anthony Scacchetti, Respondent, v. Gannett Co., Inc., Appellant

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

September 26, 1986

Order affirmed with costs.

Memorandum:

Special Term erred in determining that defendant's summary judgment motion is barred by the rule prohibiting successive summary judgment motions. Defendant's prior motion was made pursuant to CPLR 3211 (a) (7) and the court's entry of judgment was without notice to the parties (Scacchetti v Gannett Co., 90 A.D.2d 985). We agree with Special Term that the "single instance rule...

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