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BURBIGE v. SIBEN & FERBER

2015-08070, Index No. 10334/07.

152 A.D.3d 641 (2017)

2017 NY Slip Op 05704

58 N.Y.S.3d 562

RAYMOND BURBIGE, Appellant-Respondent, v. SIBEN & FERBER, a Partnership Consisting of STEVEN B. FERBER and GARY L. SIBEN, et al., Respondents-Appellants.

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

Decided July 19, 2017.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

Multiple summary judgment motions in the same action should be discouraged in the absence of a showing of newly discovered evidence or other sufficient cause (see Valley Natl. Bank v INI Holding, LLC, 95 A.D.3d 1108 [2012]). However, under the circumstances of this case, the Supreme Court improvidently exercised...

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