| Courthouse Corporate Ctr., LLC v Schulman |
| 2011 NY Slip Op 07801 [89 AD3d 672] |
| November 1, 2011 |
| Appellate Division, Second Department |
| Courthouse Corporate Center, LLC, Respondent, v RichardSchulman et al., Appellants. |
—[*1] Bauman Katz & Grill, LLP, New York, N.Y. (David M. Grill and Victor Rivera, Jr., ofcounsel), for respondent.
In an action to recover damages for breach of a commercial lease, the defendants appeal, aslimited by their brief, from so much of an order of the Supreme Court, Suffolk County (Gazzillo,J.), dated June 23, 2010, as denied their motion for summary judgment dismissing the third causeof action and granted the plaintiff's cross motion for leave to amend the complaint.
Ordered that the order is affirmed insofar as appealed from, with costs.
The defendants' motion for summary judgment dismissing the third cause of action wasbased on matters that could have been, but were not, raised in the defendants' prior motion forsummary judgment. Multiple motions for summary judgment in the same action should bediscouraged in the absence of a showing of newly discovered evidence or other sufficient cause(see NYP Holdings, Inc. v McClierCorp., 83 AD3d 426, 427 [2011]; Flomenhaft v Fine Arts Museum of Long Is.,255 AD2d 290 [1998]; Dillon v Dean, 170 AD2d 574 [1991]). Accordingly, the SupremeCourt correctly denied the defendants' motion.
In addition, the Supreme Court providently exercised its discretion in granting the plaintiff'scross motion for leave to amend the complaint, as the proposed amendments were "neitherpalpably insufficient nor patently devoid of merit, and there was no evidence that the amendmentwould prejudice or surprise the defendant[s]" (Fusca v A & S Constr., LLC, 84 AD3d 1155, 1158 [2011]; see Gitlin v Chirinkin, 60 AD3d901, 902 [2009]). Angiolillo, J.P., Leventhal, Austin and Roman, JJ., concur.