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MOBARAK v. MOWAD

55 A.D.3d 693 (2008)

865 N.Y.S.2d 344

MAMDOUH R. MOBARAK, Respondent, v. MOHAMED MOWAD et al., Appellants, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 14, 2008.

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

The Supreme Court incorrectly concluded that because it had denied an earlier motion to dismiss the complaint, the doctrine of the law of the case precluded granting that branch of the appellants' motion which was for a protective order (see Thompson v Lamprecht Transp., 39 A.D.3d 846, 847 [2007]; Kidd v Delta Funding Corp., 299...

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