Gannone v. Wittman

—Order, Supreme Court, New York County (Martin Schoenfeld, J.), entered September 28, 1995, which, in an action pursuant to Business Corporation Law § 630 (a) by plaintiff Union to recover agáinst defendant shareholder unpaid contributions as to plaintiff’s welfare fund, denied plaintiff’s motion for summary judgment and granted defendant’s cross motion for summary judgment, unanimously affirmed, without costs.

Law of the case doctrine is not applicable here because the earlier motion was a motion to dismiss pursuant to CPLR 3211 while the instant motion is one for summary judgment (Tenzer,…