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HUTCHINGS v. YUTER

10521, 29494/02.

108 A.D.3d 416 (2013)

969 N.Y.S.2d 447

2013 NY Slip Op 4988

LEONARD W. HUTCHINGS et al., Respondents, v. MORTON G. YUTER et al., Appellants.

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

Decided July 2, 2013.

Order, Supreme Court, Bronx County (Robert E. Torres, J.), entered May 15, 2012, which denied defendants' motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.

In denying defendants' motions, the motion court did not violate the doctrine of law of the case (see Martin v City of Cohoes, 37 N.Y.2d 162, 165 [1975]). In a prior order, decided by a different judge who was not available to...

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