Appellate Division of the Supreme Court of the State of New York September 26, 1986 (Scacchetti v. Gannett Co.)

Order affirmed with costs. Memorandum: Special Term erred in determining that defendant’s summary judgment motion is barred by the rule prohibiting successive summary judgment motions. Defendant’s prior motion was made pursuant to CPLR 3211 (a) (7) and the court’s entry of judgment was without notice to the parties (Scacchetti v Gannett Co., 90 AD2d 985).