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MATTER OF BRUCKNER REALTY LLC v. CRUZ

1026, 570004/15.

139 A.D.3d 413 (2016)

29 N.Y.S.3d 162

2016 NY Slip Op 03429

In the Matter of BRUCKNER REALTY LLC, Appellant, v. JEANNETTE CRUZ, Respondent.

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

Decided May 3, 2016.

Since petitioner's first summary judgment motion was made after respondent's deemed general denial, whereas its second such motion was made after her answer, the second motion was not barred by the rule against successive summary judgment motions (see e.g. Healthcare I.Q., LLC v Tsai Chung Chao, 118 A.D.3d 98, 102-103 [1st Dept 2014]).

On the merits, petitioner failed to establish its prima facie case. The fact that the subject...

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