Opinion
570321/07.
Decided September 28, 2010.
Plaintiff appeals from (1) an order of the Civil Court of the City of New York, New York County (Arlene P. Bluth, J.), dated May 15, 2007, which dismissed the action without prejudice, and (2) an order, same Court (Anil C. Singh, J.), dated November 17, 2008, which denied plaintiff's motion to restore the action to the trial calendar.
PRESENT: Schoenfeld, J.P., Shulman, Hunter, Jr., JJ.
Orders, dated May 15, 2007 (Arlene P. Bluth, J.) and November 17, 2008 (Anil C. Singh, J.), affirmed, without costs.
Plaintiff's present contention that defendants failed to comply with CPLR 321 and therefore did not effect a proper substitution of counsel was not raised before Civil Court and is unpreserved for appellate review. In any event, the court providently exercised its discretion in permitting defendants to change counsel. Plaintiff's argument that Civil Court (Arlene P. Bluth, J.) violated the law of the case doctrine in granting defendants' motion to dismiss the complaint without prejudice in light of related pending judicial proceedings is without merit, since the court did not purport to overrule or modify a prior order of a judge of coordinate jurisdiction ( see People v Evans, 94 NY2d 499). Critically, no judge of coordinate jurisdiction previously passed upon the issue of whether the action should be dismissed in light of the other extant judicial proceedings. We note that plaintiff raises no substantive challenge to the efficacy of Civil Court's order dismissing the action without prejudice.
We affirm the second order appealed from (Anil C. Singh, J.) for the reasons stated by Judge Singh.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur