Appellate Division of the Supreme Court of New York, 2000

All Terrain Properties, Inc. v. Hoy

All Terrain Properties, Inc. v. Hoy
Appellate Division of the Supreme Court of New York · Decided November 9, 2000
277 A.D.2d 50; 719 N.Y.S.2d 552; 2000 N.Y. App. Div. LEXIS 11796
All Terrain Properties, Inc. v. Hoy

Opinion of the Court

—Modification/clarification granted to the extent of directing Supreme Court, New York County, to entertain plaintiff’s application on the merits, as indicated. It should be apparent that, upon dismissal of the complaint (order entered February 18, 1999, Leland DeGrasse, J.), plaintiff’s pending application for the same or similar relief was rendered moot. As such, its denial was not a disposition on the merits and, upon reinstatement of the complaint, the instant application is not barred by the doctrine of law of the case. Concur — Williams, J. P., Ellerin, Rubin and Saxe, JJ.

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