On plaintiff's summary judgment motion, the law of the case doctrine does not apply to a prior order in the action because that order was rendered on a motion to dismiss pursuant to CPLR 3211, which applies standards different from those on summary judgment.
938 St. Nicholas Ave. Lender LLC v. 936-938 Cliffcrest Hous. Dev. Fund Corp., NY Slip Op 03885 (1st Dep't July 20, 2023)
