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TRUSTHOUSE FORTE (GARDEN CITY) MGMT., INC. v. GARDEN CITY HOTEL, INC.

106 A.D.2d 271 (1984)

Trusthouse Forte (Garden City) Management, Inc., Respondent, v. Garden City Hotel, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 11, 1984

While Special Term properly felt itself bound by the "law of the case" doctrine to deny appellant's motion to dismiss the fourth and fifth causes of action in respondent's amended complaint, in view of the prior order granting leave to amend entered by a Justice of coordinate jurisdiction (Martin v City of Cohoes, 37 N.Y.2d 162, 165), that doctrine has no applicability to a reviewing appellate...

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