Friday, May 9, 2014

Successive motions for summary judgment, and certificates of conformity.

Practice point:  Despite the general rule that successive motions for summary judgment should be discouraged in the absence of a showing of newly discovered evidence or other sufficient cause, a successive motion may be properly entertained where it is substantively valid, and the granting of the motion will further the ends of justice and eliminate an unnecessary burden on the resources of the courts.
Student note:  The absence of a certificate of conformity in violation of CPLR 2309 is not a fatal defect, and, if relief is denied on that ground, the denial should be without prejudice to renewal upon proper papers.
Case:  Fuller v. Nesbitt, NY Slip Op 02897 (2d Dept. 2014)
Here is the decision.
Monday's issue: Liability when a plaintiff was thrown from a bike into a bus in a split-second.