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KAZIMIERZ OBRYCKI, Also Known as JOSEF OBRYCKI, Respondent, v. DENNIS ELLIOTT et al., Defendants, and VUKO TASKOVICH, Appellant.

Ordered that the order is affirmed insofar as appealed from without costs or disbursements.

The appellant's argument concerning a violation of the law of the case doctrine is unavailing in this court, which is not a court of coordinate jurisdiction (see, Martin v. City of Cohoes, 37 N.Y.2d 162). In any event, the challenged determination addressed by the court concerning the adequacy of the response to the appellant's discovery requests was never previously in dispute, so that the law of the case doctrine is inapplicable. Under the circumstances, Special Term properly permitted the plaintiff to provide a further response to certain specified requests for discovery. Mangano, J.P., Bracken, Niehoff, Kooper and Spatt, JJ., concur.

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OBRYCKI v. ELLIOTT
(May 11, 1987)