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PHOENIX FOUR, INC. v. ALBERTINI

245 A.D.2d 166 (1997)

665 N.Y.S.2d 893

Phoenix Four, Inc., Appellant, v. William Albertini et al., Respondents, et al., Defendants

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

December 18, 1997

The IAS Court properly denied the plaintiff's motion for summary judgment since the motion was based on matters that could have been but were not raised in an earlier summary judgment motion by plaintiff's predecessor in interest (Levitz v Robbins Music Corp., 17 A.D.2d 801). "Parties will not be permitted to make successive fragmentary attacks upon a cause of action but must assert all...

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