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ADLER v. DLJ MTGE. CAPITAL, INC.

Index No. 654812/16. Appeal No. 13935-13935A. Case No. 2020-02709.

194 A.D.3d 633 (2021)

144 N.Y.S.3d 564

2021 NY Slip Op 03365

Meyer Adler, Appellant-Respondent v. DLJ Mortgage Capital, Inc., et al., Respondents-Appellants.

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

Decided May 27, 2021.

Attorney(s) appearing for the Case

Hahn Eisenberger PLLC, Brooklyn ( Elliot Hahn of counsel), for appellant-respondent.

Knuckles, Komosinski & Manfro, LLP, Elmsford ( Gregg L. Verrilli of counsel), for respondents-appellants.

Concur—Gische, J.P., Kern, Oing, Shulman, JJ.

Although the motion court correctly applied the law of the case doctrine in denying summary judgment, "such prior order does not preclude review by this Court since law of the case is a doctrine that applies only to courts of coordinate jurisdiction" (Jamaica Pub. Serv. Co. v Compagnie Transcontinentale De Reassurance, 282 A.D.2d 227, 227 [1st Dept 2001]). Considering the merits, this case is governed by the recent Court of Appeals...

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