GANNONE v. WITTMAN


232 A.D.2d 298 (1996)

649 N.Y.S.2d 14

John Gannone et al., Appellants, v. Samuel Wittman, Respondent

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

October 24, 1996


Law of the case doctrine is not applicable here because the earlier motion was a motion to dismiss pursuant to CPLR 3211 while the instant motion is one for summary judgment (Tenzer, Greenblatt, Fallon & Kaplan v Capri Jewelry, 128 A.D.2d 467, 469). Since the unpaid services in question were performed between November 1, 1989 and August 1, 1990, and between October 1, 1990 and March 21, 1991, plaintiff, in order to comply with...

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