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Wendy v. Spector

Appellate Division of the Supreme Court of New York, Second Department
May 5, 2003
305 A.D.2d 403 (N.Y. App. Div. 2003)

Opinion

2002-03697

Argued April 3, 2003.

May 5, 2003.

In an action to recover on a promissory note, the defendants Gilbert Spector and Myra Spector appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (DiBlasi, J.), dated March 18, 2002, as, upon granting their motion, in effect, for leave to renew, adhered to a prior determination in an order dated May 30, 2000, which granted the plaintiff's motion for summary judgment on a guarantee they executed.

Miller Goldman, P.C., New York, N.Y. (Julie L. Miller of counsel), for appellants.

Davis Gilbert, LLP, New York, N.Y. (Paul F. Corcoran of counsel), for respondent.

Before: ANITA R. FLORIO, J.P., HOWARD MILLER, THOMAS A. ADAMS, WILLIAM F. MASTRO, JJ.


DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

To the extent that the defendants raise the claim that they were entitled to notice with respect to the release of the subject collateral securing the guarantee obligation, this issue was previously decided against them on a prior appeal (see Wendy v. Spector, 287 A.D.2d 558) and reconsideration of this issue is barred by the doctrine of law of the case (see MJD Constr. v. Woodstock Lawn Home Maintenance, 299 A.D.2d 459; Ometz Realty Corp. v. Vanette Auto Supplies, 262 A.D.2d 539).

The defendants' remaining contentions either are unpreserved for appellate review, not properly before this court, or without merit.

FLORIO, J.P., H. MILLER, ADAMS and MASTRO, JJ., concur.


Summaries of

Wendy v. Spector

Appellate Division of the Supreme Court of New York, Second Department
May 5, 2003
305 A.D.2d 403 (N.Y. App. Div. 2003)
Case details for

Wendy v. Spector

Case Details

Full title:DIANA WENDY, respondent, v. GILBERT SPECTOR, ET AL., appellants, ET AL.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 5, 2003

Citations

305 A.D.2d 403 (N.Y. App. Div. 2003)
758 N.Y.S.2d 526