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MBF CLEARING CORP. v. JPMORGAN CHASE BANK, N.A.

Index No. 652820/14. Appeal No. 12310. Case No. 2019-5750.

189 A.D.3d 546 (2020)

138 N.Y.S.3d 21

2020 NY Slip Op 07504

MBF Clearing Corp., Appellant, v. JPMorgan Chase Bank, N.A., et al., Respondents.

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

Decided December 15, 2020.

Attorney(s) appearing for the Case

Steven R. Goldberg , New York, for appellant.

Proskauer Rose LLP, New York ( David A. Picon of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Kapnick, Mazzarelli, Moulton, JJ.

The motion court properly applied the law of the case doctrine in dismissing the third amended complaint (TAC), as the claims in the TAC are essentially the same as those in the dismissed second amended complaint (see Burgundy Basin Inn v Watkins Glen Grand Prix Corp., 51 A.D.2d 140, 143 [4th Dept 1976]). This Court, however, is not bound by the determination of the motion court (Martin v City of Cohoes, 37...

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