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MINTZ & GOLD, LLP v. ZIMMERMAN

6140, 102768/07.

89 A.D.3d 609 (2011)

932 N.Y.S.2d 906

2011 NY Slip Op 8490

MINTZ & GOLD, LLP, Respondent, v. DANIEL ZIMMERMAN et al., Appellants, et al., Defendant.

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

Decided November 22, 2011.

This was defendants' second motion for summary judgment. The motion court should have denied it on that basis, as defendants did not present sufficient cause for their successive motions (see NYP Holdings, Inc. v McClier Corp., 83 A.D.3d 426 [2011]). Even were we to reach the merits we would affirm because plaintiff was not required to plead special damages to set forth its claim under Civil Rights Law § 70 (see Civil...

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