In Sommer v. Lenoir/Hickory Knitting Mills, Inc., 121 Misc. 2d 255 (Civ. Ct., N.Y. Co. 1984) (Tompkins, J.), aff'd, 128 Misc.2d 481, 494 N.Y.S.2d 596 (App. Term, 1st Dep't. 1985), ajudge of the Civil Court had, just as in the instant proceeding, earlier denied the tenant's motion to dismiss the landlord's petition. The first judge in Sommer had found that the Omnibus Housing Act applied and that a factual issue was presented thereunder. Judge Tompkins nevertheless granted the respondent's motion for summary judgment upon a determination that the Omnibus Housing Act did not in fact apply. Judge Tompkins declined to apply law of the case, finding that the prior court's determination was not necessary to its decision, made "without full argument of the point," and contrary to clear legal precedent. (126 Misc.2d at 259.)