It is axiomatic that successive summary judgment motions are disfavored. Parties may bot make successive fragmentary attacks upon a cause of action, but must assert all available grounds when moving for summary judgment. There can be no reservation of any issue to be used upon any subsequent motion for summary judgment. A court, upon a motion for summary judgment, must examine all of the facts presented by the affidavits, pleadings, and documents and decide whether the moving papers raise a triable issue is raised. The court may not, on a subsequent motion, consider anything which a party has withheld or failed to urge as a ground for summary judgment theretofore denied.
Priester v. Phanor, NY Slip Op 03554 (1st Dep't June 27, 2024)
