Alamin v. Uddin

Contrary to the plaintiff’s contention, a prior order of the Supreme Court dated April 8, 2010, did not prevent the Supreme Court from granting the defendants’ cross motion for summary judgment dismissing the complaint. That prior order did not constitute a determination of the merits of the defendants’ cross motion for summary judgment, and the defendants’ cross motion remained pending and undecided until the court determined the merits of the cross motion in the order appealed from. Consequently, the relief sought by the defendants was not barred by the principles of collateral estoppel or…