Successive motions for summary judgment should not be entertained, absent a showing of newly discovered evidence or other sufficient cause. In order to be deemed newly discovered, the evidence that was not submitted in support of the previous motion must be used to establish facts that were not available to the movant at the time of the original submission and which could not have been established through alternative evidentiary means.
313 43rd St. Realty, LLC v. TMS Enters., LP, NY Slip Op 02094 (2d Dep't April 26, 2023)
