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ELLEN ZEDECK plf-ap, v. DERFNER MANAGEMENT INC. def-res, BLAIR HALL, INC. def

10031. ELLEN ZEDECK plf-ap, v. DERFNER MANAGEMENT INC. def-res, BLAIR HALL, INC. def — Stroock & Stroock & Lavan LLP, New York (Ernst H. Rosenberger of counsel), for ap — Kaye Scholer, LLP, New York (James D. Herschlein of counsel), for res — Order, Supreme Court, New York County (Charles E. Ramos, J.), entered January 14, 2013, which denied plaintiffs' motion for partial summary judgment and granted defendants-respondents' cross motion for partial summary judgment, unanimously modified, on the law, to deny the cross motion, and otherwise affirmed, without costs.

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10031. ELLEN ZEDECK plf-ap, v. DERFNER MANAGEMENT INC. def-res, BLAIR HALL, INC. def — Stroock & Stroock & Lavan LLP, New York (Ernst H. Rosenberger of counsel), for ap — Kaye Scholer, LLP, New York (James D. Herschlein of counsel), for res — Order, Supreme Court, New York County (Charles E. Ramos, J.), entered January 14, 2013, which denied plaintiffs’ motion for partial summary judgment and granted defendants-respondents’ cross motion for partial summary judgment, unanimously modified, on the law, to deny the cross motion, and otherwise affirmed, without costs.

Regardless of whether the motion court erred by invoking law of the case, res judicata and collateral estoppel, we are not bound by those doctrines on this appeal (see e.g. People v. Evans, 94 NY2d 499, 503 n 3 [2000]; Matter of Mont Gardens v. Suffolk County Dept. of Health, 24 AD2d 599, 599-600 [2d Dept 1965]). Accordingly, we reach the merits of whether defendant Derfner Management Inc. (DMI) was required to have a real estate broker’s license pursuant to Real Property Law (RPL) §440-a.

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