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SERINO v. MILLER BREWING CO.

167 A.D.2d 919 (1990)

James Serino, Plaintiff, v. Miller Brewing Company, Appellant and Third-Party Plaintiff-Appellant, et al., Defendant. Riley Stoker Corporation, Third-Party Defendant-Respondent, et al., Third-Party Defendant. (Appeal No. 3.)

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

November 16, 1990

Order unanimously reversed on the law without costs, motion granted and cross motion denied.

Memorandum:

Supreme Court erred in granting the cross motion by Riley Stoker Corporation for leave to renew a prior motion for summary judgment. The prior motion was instituted by defendant Miller Brewing Company and resulted in a decision favorable to Riley Stoker. A prevailing party is not permitted to renew a motion upon which it has already prevailed, particularly...

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