Landlord's contention on this appeal that the Civil Court was required by "collateral estoppel" (the appropriate principle would be the law of the case doctrine) to honor the January 11, 2005 denial of tenant's order to show cause is without merit. As the foregoing recitation of the facts demonstrates, there was no January 11, 2005 denial of tenant's order to show cause. While landlord also claims that the order to show cause signed by this court returnable January 11, 2005 was never calendared in the Civil Court, landlord failed to raise this contention either in opposition to tenant's motion returnable February 1, 2005 or by way of a motion to vacate the January 11, 2005 default order. Accordingly, the order of February 1, 2005 granting tenant's motion to vacate the warrant is affirmed.
Golia, J.P., Rios and Belen, JJ., concur.
Decision Date: May 24, 2007