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BLANCHE, VERTE & BLANCHE, LTD. v. JOSEPH MAURO & SONS

2010-09244.

91 A.D.3d 693 (2012)

936 N.Y.S.2d 571

2012 NY Slip Op 318

BLANCHE, VERTE & BLANCHE, LTD., Respondent, v. JOSEPH MAURO & SONS, Appellant, and SHORE DRUG, INC., Respondent.

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

Decided January 17, 2012.

Ordered that the order is affirmed, with costs to the plaintiff-respondent.

The Supreme Court properly denied that branch of the appellant's motion which was for summary judgment dismissing the complaint and all cross claims insofar as asserted against it as violative of the rule against successive motions for summary judgment (see Sutter v Wakefern Food Corp., 69 A.D.3d 844, 845 [2010]; Kimber Mfg., Inc. v Hanzus,

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