Delgado v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Acosta, J.
This case gives us the opportunity to emphasize that when an issue is specifically decided on a motion for summary judgment, that determination is the law of the case. As such, the trial court, as well as the parties, is bound by it “absent a showing of subsequent evidence or change of law” (Carmona v Mathisson, 92 AD3d 492, 492-493 [1st Dept 2012]). Applying this rule to the case at hand, we specifically found in Delgado v City of New York (86 AD3d 502, 508 [1st Dept 2011] [Delgado I]), that the no-knock search warrant at issue was not valid. *48Thus, the trial…
2Cases cited16 opinions
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- Carmona v. MathissonAppellate Division of the Supreme Court of the State of New York · 2012
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