DILLON v. DEAN


170 A.D.2d 574 (1991)

Robert Dillon et al., Respondents, v. Howard Dean, Appellant, et al., Defendants

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

February 19, 1991


Ordered that the order is affirmed, with costs.

The appellant's previous motion for summary judgment, premised on the ground that the plaintiffs were not entitled to equitable relief because they had come into court with unclean hands, was denied by an order of the Supreme Court, Rockland County (Weiner, J.), dated December 23, 1988. That order was affirmed by this court on February 20, 1990 (see, Dillon v Dean, 158 A.D.2d 579). While that appeal was pending, on April 7, 1989, the appellant made a new motion for summary judgment, this time alleging, inter alia, that various of the plaintiffs' claims were barred by the applicable Statute of Limitations, while others failed to state a proper cause of action against him. There is nothing in the instant motion that could not have been raised in his previous motion for summary judgment. It is well established that "[m]ultiple summary judgment motions in the same action should be discouraged in the absence of a showing of newly discovered evidence or other sufficient cause" (La Freniere v Capital Dist. Transp. Auth., 105 A.D.2d 517, 518; cf., Siegel, 1985 Supplementary Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C3212:21, 1991 Supp Pamph, at 224). Thus, the appellant's latest summary judgment motion was properly denied.


Comment

1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases