Legal Opinion
Woodruff v. Castaldo
Appellate Division of the Supreme Court of the State of New York
Decided April 8, 1988PublishedCited by 1 opinion
1Opinion of the Court
— Judgment unanimously affirmed with costs. Memorandum: On a prior appeal, we affirmed the Referee’s findings on liability and remitted the matter for a new trial on the issue of damages only (Woodruff v Castaldo, 113 AD2d 403, 408). Defendants’ attempt to relitigate the issue of liability is barred by the doctrine of law of the case (see, Kenford Co. v County of Erie, 138 AD2d 946; Vanguard Tours v Town of Yorktown, 102 AD2d 868).
Plaintiffs were properly awarded damages for the diminution in rental value of the premises over the unexpired term of the lease. Plaintiffs’ expert calculated the…
2Cases cited5 opinions
- Park West Management Corp. v. MitchellNew York Court of Appeals · 1979
- Van Wagner Advertising Corp. v. S & M EnterprisesNew York Court of Appeals · 1986
- Vanguard Tours, Inc. v. Town of YorktownAppellate Division of the Supreme Court of the State of New York · 1984
- Woodruff v. CastaldoAppellate Division of the Supreme Court of the State of New York · 1985
- Kenford Co. v. County of ErieAppellate Division of the Supreme Court of the State of New York · 1988
3Cited by1 opinion
- Tamily v. General Contracting Corp.Appellate Division of the Supreme Court of the State of New York · 1996