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McGOLDRICK v. 2100 PARK ASSOCIATES

279 A.D.2d 287 (2001)

718 N.Y.S.2d 823

KATHLEEN K. McGOLDRICK, Appellant, v. 2100 PARK ASSOCIATES, Respondent, et al., Defendant.

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

Decided January 9, 2001.

The determination in the appealed order that plaintiff's action was time-barred, was not made in violation of the law of the case doctrine. Defendant 2100 Park Associates' original motion to dismiss the complaint on the grounds, inter alia, that it was barred by the Statute of Limitations was denied on the procedural ground that defendant's counsel failed to appear for oral argument, and not on the merits. Defendant promptly...

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