SOTO v. CITY OF NEW YORK


37 A.D.3d 589 (2007)

832 N.Y.S.2d 573

HERMAN SOTO, Respondent, v. CITY OF NEW YORK, Appellant.

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

Decided February 13, 2007.


Ordered that the order is affirmed, with costs.

While denominated a motion for leave to renew and reargue, the defendant's motion was actually its second motion for summary judgment. The defendant violated the rule against filing successive motions for summary judgment as the evidence, which derived from the deposition testimony of its own witness, and grounds submitted in the second motion, could have been submitted on the original motion (see Capuano v Platzner...

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