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POLYGENIS v. STONE LOUNGE PRESS, INC.

Index No. 20414/18E. Appeal No. 15688. Case No. 2021-02324.

204 A.D.3d 479 (2022)

164 N.Y.S.3d 436

2022 NY Slip Op 02373

Stavros Polygenis, Respondent, v. Stone Lounge Press, Inc., et al., Defendants, and Zeus Enterprises of Cortland, Inc., Appellant.

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

Decided April 12, 2022.

Attorney(s) appearing for the Case

Pinsky Law Group, PLLC, Syracuse (Bradley M. Pinsky, of counsel) for appellant.

Sacco & Fillas, LLP, Astoria (Alex Diaz, of counsel) for respondent.

Concur—Renwick, J.P., Friedman, Moulton, Mendez, Pitt, JJ.

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, PC v Murray & Josephson, CPAs, LLC, 127 A.D.3d 428, 428 [1st Dept 2015]; Phoenix Four v Albertini, 245 A.D.2d 166, 167 [1st Dept...

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