Successive motions for summary judgment should not be entertained, absent a showing of newly discovered evidence or other sufficient cause. Evidence is not newly discovered simply because it was not submitted on the previous motion. Instead, the evidence that was not submitted must be used to establish facts that were not available to the party at the time it made its initial motion and which could not have been established through alternative evidentiary means.
Here, the defendant failed to establish that the evidence submitted in support of its second motion for summary judgment dismissing the plaintiffs' claims for damages relating to the diminution in value of certain real property and of certain artwork, purportedly demonstrating that the plaintiffs did not sustain any damages as a result of an oil spill, was not available to it, and could not have been submitted, on its prior motion.
In any event, the conflicting experts' opinions submitted by the parties raise issues of fact which preclude summary judgment.
Defendant's motion is denied.
Brilliantine v. East Hampton Fuel Oil Corp., NY Slip 06111 (2d Dep't November 29, 2023)
