The prior order, affirmed by the Appellate Division, denying defendant's summary judgment motion, does not establish as law of the case that defendant was required to designate plaintiff as a tenant on the lease for the restaurant operated by defendant pursuant to a management agreement with plaintiff. The denial of the defendant's motion establishes only that there are triable issues of fact.
37 E. 50th St. Corp. v. Restaurant Group Mgt. Servs., LLC, NY Slip Op 03932 (1st Dep't June 17, 2021)
