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KLEIN v. AUERBACH

1 A.D.3d 317 (2003)

766 N.Y.S.2d 580

SAMUEL J. KLEIN, Appellant, v. STEPHEN B. AUERBACH et al., Respondents.

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

November 3, 2003.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the plaintiff's motion. It is well settled that successive motions for summary judgment should not be made "in the guise of motions to renew where the new material could have been submitted with the original motion for summary judgment" (Laxrand Constr. Corp. v R.S.C.A. Realty Corp., 135 A.D.2d 685...

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