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LORNE v. 50 MADISON AVE LLC

602769/07. Appeal No. 14358. Case No. 2021-00157.

198 A.D.3d 483 (2021)

152 N.Y.S.3d 604

2021 NY Slip Op 05631

Simon Lorne et al., Respondents, v. 50 Madison Ave LLC et al., Appellants, et al., Defendants.

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

Decided October 14, 2021.

Attorney(s) appearing for the Case

Clark Guldin , New York ( Janesa Urbano of counsel), for appellants.

Schwartz Sladkus Reich Greenberg Atlas LLP, New York ( Stephen H. Orel of counsel), for respondents.

Concur—Gische, J.P., Moulton, González, Kennedy, Scarpulla, JJ.

The court correctly denied defendants' motion for partial summary judgment regarding the fraud claim on the grounds that it had denied a prior summary judgment motion by defendants which made the same arguments. Defendants did not submit any new factual assertions or evidence that were unavailable to defendants before the prior motion, and they failed to show sufficient cause for making the second motion (see Jones v 636 Holding Corp., 73 A.D.3d 409...

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