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Second Summary Judgment Motion to Address Deficiencies in First Motion Should Not Have Been Entertained

In holding that a second summary judgment motion which addressed deficiencies in the first summary judgment motion should not have been entertained, the Third Department wrote:

…[W]e agree with plaintiff that  the Town’s summary  judgment  motion  should not have  been  considered. “‘[M]ultiple summary judgment motions in the same action should be discouraged in the absence of a showing of newly discovered evidence or other  sufficient cause'”  …. Here, the Town’s second motion for summary judgment was made solely upon the added affidavit of its Highway Superintendent, which was submitted to address the deficiencies in the Town’s proof as outlined by our prior decision. However, such affidavit was not new evidence, as no reason was given why it could not have been submitted with the initial motion … . For the same reason, this evidence could not have been a valid basis to grant renewal of the first summary judgment motion … . We discern no valid purpose for allowing a successive summary judgment motion that is based solely upon a party’s belated attempt to remedy its inadequate initial proffer, without any valid explanation as to why the additional evidence was not offered in the first instance.  Keating v Town of Burke, 515400, 3rd Dept 4-4-13

 

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