It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
Contrary to defendant's contention, Supreme Court did not err in granting plaintiff's motion for summary judgment on the complaint seeking the return of a $17,000 ring pursuant to Civil Rights Law § 80-b. Although "successive summary judgment motions `should be discouraged in the absence of a showing of newly discovered evidence...
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