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NYP HOLDINGS, INC. v. McCLIER CORPORATION

4706, 601404/04, 591080/04.

83 A.D.3d 426 (2011)

921 N.Y.S.2d 35

NYP HOLDINGS, INC., Plaintiff, v. McCLIER CORPORATION et al., Defendants. McCLIER CORPORATION, Third-Party Plaintiff-Respondent-Appellant, et al., Third-Party Plaintiffs, v. RUTTURA & SONS CONSTRUCTION COMPANY, INC., Third-Party Defendant-Appellant-Respondent, et al., Third-Party Defendants.

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

Decided April 5, 2011.

The motion that resulted in the order appealed from was Ruttura's second motion; it had previously made a motion for summary judgment dismissing the third-party complaint based on the volunteer doctrine (see 65 A.D.3d 186 [2009]).

As a general rule, "[p]arties will not be permitted to make successive fragmentary attacks upon a cause of action but must assert all available grounds when moving for summary judgment" (Phoenix...

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