Ordered that the order is affirmed insofar as appealed from, with costs.
The defendants' motion for summary judgment dismissing the third cause of action was based on matters that could have been, but were not, raised in the defendants' prior motion for summary judgment. Multiple motions for summary judgment in the same action should be discouraged in the absence of a showing of newly discovered evidence or other sufficient cause (see NYP Holdings, Inc. v McClier...
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