Legal Opinion
Spierer v. Bloomingdale's
Appellate Division of the Supreme Court of the State of New York
Decided February 19, 2009PublishedCited by 3 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Stanley Green, J.), entered on or about January 3, 2008, which, upon renewal, granted the motion of defendant Simmons to dismiss the complaint as against it, unanimously affirmed, with costs.
This is a personal injury/products liability action alleging injury from exposure to toxic chemicals in bedding manufactured by defendant Simmons and purchased from defendant Bloomingdale’s. The court properly applied the law of the case doctrine (People v Evans, 94 NY2d 499, 504 [2000]; Martin v City of Cohoes, 37 NY2d 162, 165 [1975]) in dismissing the claims against…
2Cases cited5 opinions
- Martin v. City of CohoesNew York Court of Appeals · 1975
- People v. EvansNew York Court of Appeals · 2000
- Engel v. EichlerAppellate Division of the Supreme Court of the State of New York · 2002
- Avalon, LLC v. Coronet Properties Co.Appellate Division of the Supreme Court of the State of New York · 2005
- Spierer v. Bloomingdale's, a Division of Federated Department Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
3Cited by3 opinions
- Dauria v. Castlepoint InsuranceAppellate Division of the Supreme Court of the State of New York · 2014
- 517 Union St. Assoc. LLC v. Town Homes of Union Sq. LLCAppellate Division of the Supreme Court of the State of New York · 2019
- Morato-Rodriguez v. Riva Construction Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2017