The policy against successive summary judgment motions did not bar the motion court's consideration of indisputable factual evidence which had not been offered in support of plaintiff's first motion. Specifically, in support of the motion under review, plaintiff offered evidence which demonstrated that C.A.C. Industries, Inc. had been dumping excavation material on A.F.C.'s behalf and that plaintiff had reasonably relied on C.A.C.'s actual or apparent authority to dump excavation...
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