Motion to dismiss not dispositive of summary judgment applicationMay 19, 2017

Alvarado v City of New York, 2017 NY Slip Op 03890 (1st Dept. 2017)

“As plaintiff now concedes, this Court’s decision on a prior appeal, denying defendants’ motion to dismiss (see Alvarado v City of New York, 60 AD3d 427 [1st Dept 2009]), is not dispositive of the instant motion, as “[t]he law of the case doctrine is inapplicable where, as here, a summary judgment motion follows a motion to dismiss'” (191 Chrystie LLC v Ledoux, 82 AD3d 681, 682 [1st Dept 2011]).”

Another lesson that absent a 3212(g) order, a prior order from a prior application has no effect.

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