Phoenix Four v. Albertini

Full title: PHOENIX FOUR, INC., Appellant, v. WILLIAM ALBERTINI et al., Respondents…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 16, 1997

245 A.D.2d 166 (N.Y. App. Div. 1997)

665 N.Y.S.2d 893

Opinion

December 16, 1997

Appeal from the Supreme Court, New York County (William Davis, J.).

The IAS Court properly denied the plaintiff's motion for summary judgment since the motion was based on matters that could have been but were not raised in an earlier summary judgment motion by plaintiff's predecessor in interest ( Levitz v. Robbins Music Corp., 17 A.D.2d 801). "Parties will not be permitted to 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" ( supra).

Concur — Nardelli, J.P., Mazzarelli, Andrias and Colabella, JJ.