MATTER OF BULLARD

Index No. 1100/13/E&F, Appeal No. 16152, Case No. 2021-04116.

206 A.D.3d 489 (2022)

172 N.Y.S.3d 1

2022 NY Slip Op 03963

In the Matter of Horace Bullard, Deceased. Jasmine Bullard, Appellant-Respondent, v. Peter Sheffer, Respondent-Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 16, 2022.


Attorney(s) appearing for the Case

Smith Legacy Law, LLC, Rye (Katherine Vance Hynes, of counsel) for appellant-respondent.

Medico & Associates, LLC, Port Chester (Anthony J. Medico, of counsel) for respondent-appellant.

Concur— Renwick, J.P., Manzanet-Daniels, Kern, Mazzarelli, Shulman, JJ.


Preliminarily, we reject respondent's contention that the Surrogate's earlier, not appealed, order denying petitioner's CPLR 3211 motion is law of the case. First, the standards on a CPLR 3211 motion and a summary judgment motion differ. Second, law of the case applies only to courts of coordinate jurisdiction, and an appellate court is not a coordinate tribunal (see Martin v City of Cohoes, 37 N.Y.2d 162...

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