Legal Opinion
Cottrell v. Spina
Appellate Division of the Supreme Court of the State of New York
Decided April 28, 1995PublishedCited by 4 opinions
1Opinion of the Court
Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: We reject defendants’ contention that, because the previous order of Supreme Court constituted the law of the case, the order appealed from is not appealable. The later order granted defendants new relief and did not alter an issue judicially determined; therefore, the doctrine of the law of the case does not apply (see, Martin v City of Cohoes, 37 NY2d 162, 165, rearg denied 37 NY2d 817).
Likewise, there is no merit to defendants’ contention that the order directing…
2Cases cited7 opinions
- Martin v. City of CohoesNew York Court of Appeals · 1975
- Laudico v. Sears, Roebuck & Co.Appellate Division of the Supreme Court of the State of New York · 1986
- Gray v. Crouse-Irving Memorial Hospital, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- Niagara Falls Urban Renewal Agency v. FriedmanAppellate Division of the Supreme Court of the State of New York · 1976
- Gould v. MaroneAppellate Division of the Supreme Court of the State of New York · 1993
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Allen v. General Electric Co.Appellate Division of the Supreme Court of the State of New York · 2004
- Armatys v. EdwardsAppellate Division of the Supreme Court of the State of New York · 1996
- Melanson v. CaggianoAppellate Division of the Supreme Court of the State of New York · 1998
- Bibeau v. Cantiague Figure Skating Club, Inc.Appellate Division of the Supreme Court of the State of New York · 2002