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WILLIAMS v. CITY OF WHITE PLAINS

6 A.D.3d 609 (2004)

775 N.Y.S.2d 868

IRENE WILLIAMS, Respondent, v. CITY OF WHITE PLAINS, Appellant, et al., Defendants.

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

April 19, 2004.

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

The appellant's motion violated the rule against successive motions for summary judgment (see Klein v Auerbach, 1 A.D.3d 317, 318 [2003]; Davidson Metals Corp. v Marlo Dev. Co., 262 A.D.2d 599 [1999]). In any event, the affidavit of the plaintiff's engineering expert rebutted the appellant's initial showing...

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