Law of the case

Yetnikoff v Mascardo, 2009 NY Slip Op 04712 (App. Div., 1st, 2009)

Plaintiff moved to vacate his default, arguing he had never received
the landlord defendants' motion for summary judgment on the
counterclaims. This motion was also denied on the ground that plaintiff
failed to provide a reasonable excuse for his default or evidence of a
meritorious defense.

With respect to the court's modification of its statement
concerning the landlord's position on rescission, the court correctly
found that counsel's statement that she had made a mistake in
communicating to the court was new evidence properly considered on the
motion. The law of the case is not implicated when a court alters its
own ruling (see Wells Fargo Bank, N.A. v Zurich Am. Ins. Co., 59 AD3d 333, 335 [2009]).

Riskin v Pam Vic Enters., Ltd., 2009 NY Slip Op 04730 (App. Div., 1st, 2009)

The court did not err in re-referring the matter of calculating the
amount due to plaintiffs to a referee, inasmuch as no report was filed
after the previous referral. Plaintiffs' claim, that the previous grant
of partial summary judgment to them as against defendants in this
foreclosure action became the "law of the case" and extinguished the
claims of the proposed intervenor, Ted Singer, is unpreserved. Were we
to review it, we would find that the law of the case doctrine does not
apply, since Singer was not a party to the earlier proceedings herein (see Hass & Gottlieb v Sook Hi Lee, 11 AD3d 230, 231-232 [2004]).

The bold is mine.