RATNER v. FOUNTAINS CLOVE ROAD APARTMENTS

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.