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ZEDECK v. DERFNER MGT. INC.

10031, 103448/11.

106 A.D.3d 465 (2013)

965 N.Y.S.2d 411

2013 NY Slip Op 3396

ELLEN ZEDECK et al., Appellants, v. DERFNER MANAGEMENT INC. et al., Respondents, et al., Defendants.

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

Decided May 9, 2013.

Regardless of whether the motion court erred by invoking law of the case, res judicata and collateral estoppel, we are not bound by those doctrines on this appeal (see e.g. People v Evans, 94 N.Y.2d 499, 503 n 3 [2000]; Matter of Mont Gardens v Suffolk County Dept. of Health, 24 A.D.2d 599, 599-600 [2d Dept 1965]). Accordingly, we reach the merits of whether defendant Derfner Management...

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