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SMITH v. METRO. TRANSP. AUTH.

226 A.D.2d 168 (1996)

641 N.Y.S.2d 8

Gregory A. Smith, Respondent, v. Metropolitan Transportation Authority, Defendant, and Metro-North Commuter Railroad, Appellant. (And a Third-Party and Second Third-Party Action.)

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

April 9, 1996

Defendants' second summary judgment motion, based upon new evidence gained by discovery during the five years subsequent to the first motion, was not precluded by the law of the case doctrine (Beagan v Manhattanville Nursing Care Ctr., 176 A.D.2d 633, 635, lv denied 79 N.Y.2d 753; Holloway v Cha Cha Laundry, 97 A.D.2d 385, 386; Chiarello v Sylvan, 161 A.D.2d...

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