Practice point: The court 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. Defendant's deposition testimony, although not
available at the time of the first motion, did not yield such new
evidence as to warrant consideration of the second motion.
Student note: The document production, consisting
of a series of emails between the parties and the proposed and final
listing agreements, does not constitute new evidence, since they were
available to the parties
at the time of the first motion, and were extensively relied upon by the parties during oral argument of that motion.
Case: Brown Harris Stevens Westhampton LLC v. Gerber, NY Slip Op 04546 (1st Dept. 2013).
Here is the decision.
Tomorrow's issue: Prior written notice laws.
