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BROWN HARRIS STEVENS WESTHAMPTON LLC v. GERBER

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107 A.D.3d 526 (2013)

968 N.Y.S.2d 32

2013 NY Slip Op 4546

BROWN HARRIS STEVENS WESTHAMPTON LLC, Appellant, v. KELLY GERBER, Respondent.

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

Decided June 18, 2013.

The court properly denied plaintiff's second successive motion for summary judgment, since plaintiff failed to offer any newly discovered evidence or demonstrate other sufficient cause for making the second motion (see 11 Essex St. Corp. v Tower Ins. Co. of N.Y., 81 A.D.3d 516, 517 [1st Dept 2011]). Defendant's deposition testimony, although not available at the time of the first motion, did not yield such new evidence as to warrant...

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