Stark v. Greenberg, Dauber & Epstein

Orders, Supreme Court, New York County (Franklin Weissberg, J.), both entered February 28, 1997, which, to the extent appealed from, denied defendants’ motion for summary judgment dismissing the complaint and denied defendants’ motion that plaintiffs be directed to comply with certain discovery demands, unanimously affirmed, without costs.

The court properly found the existence of unresolved questions of fact precluding summary judgment dismissal of plaintiffs’ complaint. The doctrines of law of the case and collateral estoppel have no applicability to this matter, since none of the issues…