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Current Developments in the Commercial Divisions of the
New York State Courts by Schlam Stone & Dolan LLP
Posted: November 28, 2018

Law of the Case Doctrine Barred Trial Court from Revisiting its Earlier Decision That Had Been Affirmed on Appeal

On November 27, 2018, the First Department issued a decision in Getty Props. Corp. v. Getty Petroleum Mktg., Inc., 2018 NY Slip Op. 08076, holding that a trial court erred in revisiting its earlier decision that had been affirmed on appeal, explaining:

Plaintiffs are correct that our affirmance of the prior judgment awarding prejudgment interest on attorneys’ fees constitutes the law of the case. As such, the IAS court should not have deviated from it. Plaintiffs are also correct that the prior order of this Court forecloses any additional challenge on the issue by defendants.

(Internal citations omitted).

The law of the case doctrine discussed here, along with doctrines such as collateral estoppel and res judicata, limits a party’s ability to litigate an issue more than once. Contact Schlam Stone & Dolan partner John Lundin at jlundin@schlamstone.com if you or a client have questions regarding whether a claim is barred by an earlier decision or action.

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