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SAMUEL J. KLEIN, ETC., appellant, v. STEPHEN B. AUERBACH, ET AL., respondents.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

The Supreme Court properly denied the plaintiff's motion. It is well settled that successive motions for summary judgment should not be made "in the guise of motions to renew where the new material could have been submitted with the original motion for summary judgment" ( Laxrand Constr. Corp. v. R.S.C.A. Realty Corp., 135 A.D.2d 685, 686; see Rose v. LaJoux 93 A.D.2d 817, 818). In any event, there are triable issues of fact which preclude the granting of summary judgment ( see Laxrand Constr. Corp. v. R.S.C.A. Realty Corp., supra; Baron v. Charles Azzue, Inc., 240 A.D.2d 447, 449).

SANTUCCI, J.P., KRAUSMAN, TOWNES and COZIER, JJ., concur.

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KLEIN v. AUERBACH
(Nov 3, 2003)