Mintz & Gold, LLP v Zimmerman, 2011 NY Slip Op 08490 [89 AD3d 609]

November 22, 2011

Appellate Division, First Department

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Daniel A. Zimmerman, Westbury, appellant pro se.

Steven Cohn, Carle Place, appellant pro se.

Mintz & Gold LLP, New York (Paul Ostensen of counsel), for respondent.

Order, Supreme Court, New York County (Joan M. Kenney, J.), entered September 29, 2010, which, insofar as appealed from, denied defendants-appellants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

This was defendants’ second motion for summary judgment. The motion court should have denied it on that basis, as defendants did not present sufficient cause for their successive motions ( see NYP Holdings, Inc. v McClier Corp. , 83 AD3d 426 [2011]). Even were we to reach the merits we would affirm because plaintiff was not required to plead special damages to set forth its claim under Civil Rights Law § 70 ( see Civil Rights Law § 71). Concur—Moskowitz, J.P., Renwick, DeGrasse, Abdus-Salaam and RomÁn, JJ..