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SUDARSKY v. CITY OF NEW YORK

247 A.D.2d 206 (1998)

668 N.Y.S.2d 350

Peter Sudarsky et al., Appellants, v. City of New York et al., Respondents

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

February 3, 1998

We decline to give the prior decision of this Court in this action (220 A.D.2d 353) law of the case effect as to anything other than "legal determinations that were necessarily resolved on the merits in the prior decision" (Baldasano v Bank of N. Y., 199 A.D.2d 184, 185). As such, none of the parties' arguments on this appeal are foreclosed. Although we do not agree that the action was untimely...

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