Wednesday, February 21, 2007

A summary judgment motion by any other name...

Defendant's motion for leave to renew and reargue was denied when the Second Department held that the motion was, in fact, defendant's second summary judgment motion. In Soto v. New York, decided on February 13, 2007, the court said that "defendant violated the rule against filing successive motions for summary judgment as the evidence, which derived from the deposition testimony of its own witness, and grounds submitted in the second motion, could have been submitted on the original motion."