First Commercial Bank v. Gotham Originals, Inc.

Judgment entered November 23, 1983, Supreme Court, New York County (Arthur E. Blyn, J.), which denied appellant’s application for a judgment pursuant to CPLR 6221 and dismissed the petition, reversed, on the law, the petition is granted and the matter is remanded for entry of a judgment in accordance with this decision, with costs. H We first note that “law of the case” is not established by the denial of summary judgment in a previous lawsuit, since factual issues may well have precluded an assessment of the applicable law. In any event, we are not bound by “law of the case” precepts and we…