Order reversed, with costs, amended complaint reinstated and matter remitted to the Supreme Court, Richmond County, for further proceedings consistent herewith.
Special Term's determination that a prior order denying a preliminary injunction constituted the law of the case, requiring the dismissal of the plaintiffs' amended complaint for a permanent injunction, is erroneous. It is well settled that the granting or denial of a motion for a preliminary injunction does not constitute the law of the case or an adjudication on the merits of the claim for a permanent injunction and, therefore, the issues must be tried as if no application for a preliminary injunction had been made (see, Walker Mem. Baptist Church v. Saunders, 285 N.Y. 462, 474; Albini v. Stanco, 61 Misc.2d 813, 822, affd 32 A.D.2d 1042; 7A Weinstein-Korn-Miller, N.Y. Civ Prac ¶¶ 6301.05, 6301.12). Mangano, J.P., Brown, Weinstein and Spatt, JJ., concur.