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JONES v. 636 HOLDING CORP.

2691, 13377/02

73 A.D.3d 409 (2010)

899 N.Y.S.2d 605

DUVAUGH JONES, an Infant, by His Mother and Natural Guardian, SHINILLIS CLINE, et al., Respondents, v. 636 HOLDING CORP. et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 4, 2010.

Successive motions for summary judgment should not be entertained without a showing of newly discovered evidence or other sufficient justification (see Phoenix Four v Albertini, 245 A.D.2d 166 [1997]). In this action for personal injury resulting from a courtyard shooting, the "new" evidence presented on the follow-up motion for summary relief, consisting of an affidavit from a forensic pathologist, was clearly available to...

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