Opinion
2002-01719
Argued September 26, 2002.
November 25, 2002.
In a consolidated action to recover damages for personal injuries, the defendant Paddock Pool Equipment Company, Inc., appeals from so much of an order of the Supreme Court, Kings County (Bruno, J.), dated February 7, 2002, as, upon renewal, adhered to a prior determination in an order dated October 6, 1999, denying that branch of its cross motion which was for summary judgment dismissing the complaint insofar as asserted against it.
Smith Mazure Director Wilkins Young Yagerman Tarallo, P.C., New York, N.Y. (Howard S. Shafer and Eleftherios Stefas of counsel), for appellant.
Sullivan Papain Block McGrath Cannavo P.C., New York, N.Y. (Stephen C. Glasser and Stefanie R. Cardarelli of counsel), for respondent.
Before: SANDRA J. FEUERSTEIN, J.P., NANCY E. SMITH, GLORIA GOLDSTEIN, DANIEL F. LUCIANO, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The prior decision and order of this court dated October 30, 2000 (Martinez v. City of New York, 276 A.D.2d 756), which affirmed the grant of summary judgment in favor of the defendant City of New York, did not bind the Supreme Court to also dismiss the complaint insofar as asserted against the appellant. Our determination that there was no basis for liability against the City was not "law of the case," precluding the Supreme Court from considering whether the appellant was entitled to summary judgment, as we neither considered nor resolved the issue of the appellant's liability for the plaintiff's injuries in the prior appeal (see Beltrone v. General Schuyler Co., 252 A.D.2d 640; Locilento v. Coleman Catholic High School, 134 A.D.2d 39).
FEUERSTEIN, J.P., SMITH, GOLDSTEIN and LUCIANO, JJ., concur.