Opinion
June 16, 1986
Appeal from the Supreme Court, Queens County (Kassoff, J.).
Order affirmed, with costs.
We agree with Special Term that the plaintiff is collaterally estopped by an order of the Supreme Court, New York County (Saks, J.), dated January 10, 1984, in a related action. The instant action represents another attempt by the plaintiff to protect the partnership's assets, which right has heretofore been determined against him (see, Ryan v. New York Tel. Co., 62 N.Y.2d 494; Schwartz v. Public Administrator, 24 N.Y.2d 65). Further, the prior order of Justice Leviss dated October 1, 1984, permitting the plaintiff to replead did not determine the issue of the plaintiff's standing and, therefore, was not the "law of the case" in that regard.
We have examined the plaintiff's other contentions and find them to be without merit. Weinstein, J.P., Niehoff, Kunzeman and Spatt, JJ., concur.