Opinion
15688 Index No. 20414/18E Case No. 2021–02324
04-12-2022
Stavros POLYGENIS, Plaintiff–Respondent, v. STONE LOUNGE PRESS, INC. et al., Defendants, Zeus Enterprises of Cortland, Inc., Defendant–Appellant.
Pinsky Law Group, PLLC, Syracuse (Bradley M. Pinsky of counsel), for appellant. Sacco & Fillas, LLP, Astoria (Alex Diaz of counsel), for respondent.
Pinsky Law Group, PLLC, Syracuse (Bradley M. Pinsky of counsel), for appellant.
Sacco & Fillas, LLP, Astoria (Alex Diaz of counsel), for respondent.
Renwick, J.P., Friedman, Moulton, Mendez, Pitt, JJ.
Order, Supreme Court, Bronx County (Edgar G. Walker, J.), entered January 25, 2021, which denied defendant Zeus Enterprises of Cortland, Inc.’s motion for summary judgment dismissing plaintiff's cause of action for negligence as against it, unanimously affirmed, without costs.
Zeus's motion was based on matters that could have been raised, but were not raised, in its previous motion for summary judgment, and it showed no sufficient justification for the motion court to entertain a successive motion (see Fleming & Assoc., CPA, P.C. v. Murray & Josephson, CPAs, LLC, 127 A.D.3d 428, 428, 4 N.Y.S.3d 511 [1st Dept. 2015] ; Phoenix Four, Inc. v. Albertini, 245 A.D.2d 166, 167, 665 N.Y.S.2d 893 [1st Dept. 1997] ). That this motion for summary judgment is not duplicative of the prior summary judgment motion is of no moment, as parties generally must assert all available grounds for relief when moving for summary judgment (see Debevoise & Plimpton LLP v. Candlewood Timber Group LLC, 102 A.D.3d 571, 572, 959 N.Y.S.2d 43 [1st Dept. 2013] ).