GCM Funding, LLC v Pulse Nail Spa in Buford, LLC

Holding The Appellate Division affirmed the lower court’s denial of the plaintiff’s second motion for summary judgment because the plaintiff failed to demonstrate good cause for making a successive motion. The court found that the plaintiff did not show why the evidence was not available during the first motion and that the motion did not fit within the narrow exception to the successive summary judgment rule.

The court’s words

Successive motions for summary judgment should not be entertained in the absence of good cause, such as a showing of newly discovered evidence

2026 NY Slip Op 05938, at the official text

the plaintiff presented no argument as to why the evidence submitted in support of its second motion was not available when it made its prior motion

2026 NY Slip Op 05938, at the official text