While the motion by the landlord to release funds, previously deposited by the tenants pursuant to the prior order, was a motion to modify the prior direction and, accordingly, should have been referred (CPLR 2221), the parties never requested a reference and did not raise the issue until reargument was sought, after a decision had been rendered. In any event, the doctrine of law of the case has no applicability or binding effect on this appeal (see Martin v City of Cohoes...
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