Zedeck v. Derfner Management Inc.

Order, Supreme Court, New York County (Charles E. Ramos, J.), entered January 14, 2013, which denied plaintiffs’ motion for partial summary judgment and granted defendants-respondents’ cross motion for partial summary judgment, unanimously modified, on the law, to deny the cross motion, and otherwise affirmed, without costs.

Regardless of whether the motion court erred by invoking law of the case, res judicata and collateral estoppel, we are not bound by those doctrines on this appeal (see e.g. People v Evans, 94 NY2d 499, 503 n 3 [2000]; Matter of Mont Gardens v Suffolk County Dept. of…