On January 7, 2025, the First Department issued a decision in Bullaro v. Ledo, Inc., 2025 NY Slip Op. 00040, upholding the dismissal of a motion for summary judgment under the single motion rule, explaining:
Supreme Court correctly denied defendants’ motion for summary judgment — the second such motion by defendants in the same action — as defendants failed to show that it was based on newly discovered evidence or any other sufficient justification for the successive summary judgment motion. On the contrary, the motion relied on the same facts and evidence supporting a prior motion for summary judgment dismissing the cause of action for specific performance. Defendants offer no reason why they could not have moved to dismiss the breach of contract and declaratory judgement claims in that prior motion, as the relevant facts would have supported dismissal of those causes of action and did not change during the 17 months between the first and second motions. Furthermore, contrary to defendants’ assertions, this Court’s decision in the prior appeal, which affirmed dismissal of the cause of action for specific performance, does not provide a justification for defendants’ second, untimely motion.
(Internal citations omitted).