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CURRY v. 365 W. 19TH ST. OWNERS CORP.

249 A.D.2d 82 (1998)

671 N.Y.S.2d 241

Arleen S. Curry, Respondent, v. 365 West 19th Street Owners Corp., Appellant

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

April 14, 1998

While we disagree with the IAS Court's denial of summary judgment by reason of the "law of the case", since there was no legal determination on the merits in the prior Yellowstone proceeding determinative of plaintiff's standing to maintain the present action respecting the validity of the parties' lease and their rights thereunder (see, Wapnick v Seven Park Ave. Corp., 240 A.D.2d 245), summary judgment was nonetheless...

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