August 14, 2019

Successive summary judgment motions.

Successive motions should not be entertained, absent a showing of newly discovered evidence. Evidence is not newly discovered simply because it was not submitted on the previous motion. Instead, it must not have been available to the movant at the time of the prior motion, and it could not have been established through alternative evidentiary means.

Hillrich Holding Corp. v. BMSL Mgt., LLC, NY Slip Op 06070 (2d Dep't August 7, 2019)

Here is the decision.