Opinion
May 5, 1997
Appeal from the Supreme Court, Nassau County (Segal, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court did not improvidently exercise its discretion in resolving the parties' respective applications for preliminary injunctive relief by permitting the defendants to remove or abandon in place the underground gasoline storage tanks at issue ( see, CPLR 6301; County of Orange v. Lockey, 111 A.D.2d 896). We note, however, that the Supreme Court's order does not constitute the law of the case with respect to the merits of the action ( see, Van Wagner Adv. Corp. v. S M Enters., 67 N.Y.2d 186, 190, n 1; Mars Novelty Corp. v. Sunrise Mall Assocs., 181 A.D.2d 661, 663; Siegel, N.Y. Prac § 328, at 468 [2d ed]).
Bracken, J.P., Copertino, Santucci and McGinity, JJ., concur.