DAVIDSON METALS CORP. v. MARLO DEVELOPMENT COMPANY


262 A.D.2d 599 (1999)

691 N.Y.S.2d 898

DAVIDSON METALS CORP., Respondent, v. MARLO DEVELOPMENT COMPANY et al., Appellants.

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

Decided June 28, 1999.


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied the defendants' cross motion, inter alia, for summary judgment dismissing the complaint. This cross motion was the fourth motion for dismissal of the breach of contract cause of action, and the second summary judgment motion, in this case, and it violated the general proscription against successive summary judgment motions absent "a showing of newly discovered...

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