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KUCHER v. SOHAYEGH

Index No. 156221/16. Appeal No. 15101. Case No. 2021-02857.

201 A.D.3d 521 (2022)

157 N.Y.S.3d 360

2022 NY Slip Op 00273

Mario Kucher, Appellant, v. Elliot Sohayegh et al., Respondents.

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

Decided January 18, 2022.

Attorney(s) appearing for the Case

Sutton Sachs Meyer PLLC, New York (Zachary G. Meyer of counsel), for appellant.

The Price Law Firm, LLC, New York (Jennifer Milosavljevic of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Gische, Kern, Mazzarelli, Gesmer, JJ.

Plaintiff failed to show that this motion for summary judgment, his second in this case, should not be disfavored as a successive motion because it was based on new evidence (see Amill v Lawrence Ruben Co., Inc., 117 A.D.3d 433 [1st Dept 2014]). Contrary to his contention, the testimony he cites, not yet given at the time of his first motion, is not a determinative concession of liability. Also unavailing is plaintiff's argument...

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