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BULLER v. GIORNO

40 A.D.3d 316 (2007)

836 N.Y.S.2d 565

MARK BULLER, Respondent, v. JOHN GIORNO et al., Defendants, and JANE OPPER et al., Appellants.

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

Decided May 10, 2007.

Defendants contend that while the order denying plaintiff summary judgment did not grant plaintiff affirmative relief, it nonetheless contained certain affirmative findings by which defendants claim to be aggrieved. Plaintiff contends that our prior decision which modified the subject order (28 A.D.3d 258 [2006]) constitutes law of the case on the issue. Both parties are wrong.

Plaintiff was not granted any affirmative relief in...

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