Curry v. 365 West 19th Street Owners Corp.

—Order, Supreme Court, New York County (Carol Huff, J.), entered December 16, 1996, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

While we disagree with the IAS Court’s denial of summary judgment by reason of the “law of the case”, since there was no legal determination on the merits in the prior Yellowstone proceeding determinative of plaintiffs standing to maintain the present action respecting the validity of the parties’ lease and their rights thereunder (see, Wapnick v Seven Park Ave. Corp., 240 AD2d 245), summary…