FRIEDMAN v. CONNECTICUT GENERAL LIFE INSURANCE COMPANY


30 A.D.3d 349 (2006)

818 N.Y.S.2d 201

BRUCE FRIEDMAN, Respondent-Appellant, v. CONNECTICUT GENERAL LIFE INSURANCE COMPANY, Appellant-Respondent.

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

June 29, 2006.


The summary judgment court erred in treating the motion before it as one to reargue the prior motion to dismiss for failure to state a cause of action, and treating the prior determination as law of the case. The doctrine of law of the case is inapplicable "where . . . a summary judgment motion follows a motion to dismiss" (Riddick v City of New York, 4 A.D.3d 242, 245 [2004], since the scope of review on the two motions differs...

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