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191 CHRYSTIE LLC v. LEDOUX

4475, 104904/07.

82 A.D.3d 681 (2011)

920 N.Y.S.2d 324

191 CHRYSTIE LLC, Appellant-Respondent, v. BARRY LEDOUX, Also Known as BARRY SONNIER, Respondent-Appellant.

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

Decided March 31, 2011.

The law of the case doctrine "is inapplicable where, as here, a summary judgment motion follows a motion to dismiss" (see Riddick v City of New York, 4 A.D.3d 242, 245 [2004]). Our holding in relation to the prior motion to dismiss was based on the facts and law presented by the parties in that procedural posture, and no more. Supreme Court correctly held that 29 RCNY 2-09 (b) (3) (i) governs, as between prime tenant and landlord...

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