Delgado v. City of New York

The trial court properly (1) denied plaintiffs’ in limine motion, and (2) granted a directed verdict in favor of the remaining defendants at the close of evidence, finding that plaintiffs had failed to establish that the warrant was not properly obtained. The law of the case doctrine does *55not preclude a trial court from making a necessary finding of fact based upon the evidence before it after a denial of summary judgment by a prior bench of this Court, where that bench in its denial of summary judgment exceeded the scope of its assignment by finding facts beyond those necessary to reach its…