Holloway v. Cha Cha Laundry, Inc., 97 A.D.2d 385 (N.Y. App. Div. 1983). · Go Syfert
Holloway v. Cha Cha Laundry, Inc., 97 A.D.2d 385 (N.Y. App. Div. 1983). Cases Citing This Book View Copy Cite
37 citation events (15 in the last 25 years) across 5 distinct courts.
Strongest positive: People v. Trump (nyappdiv, 2025-08-21)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 7 distinct citers. How cited ↗
examined Cited as authority (rule) People v. Trump (4×)
N.Y. App. Div. · 2025 · confidence medium
The law of the case doctrine is "a rule of practice which provides that once an issue is judicially determined, either directly or by implication, it is not to be reconsidered by Judges or courts of coordinate jurisdiction in the course of the same litigation" ( Holloway v Cha Cha Laundry , 97 AD2d 385, 386 [1st Dept 1983]).
discussed Cited as authority (rule) Piragua v. New York City Tr. Auth.
N.Y. Sup. Ct., New York Cty. · 2025 · confidence medium
A party cannot be compelled to produce a former employee who is no longer under its control (Holloway v Cha Cha Laundry, Inc., 97 AD2d 385, 386 [1st Dept 1983]; see also Ward v City of New York, 233 AD3d 599 , 599 [1st Dept 2024] [“an employer is not compelled to produce a former employee for a deposition”]).
discussed Cited as authority (rule) David v. Narendralall Persaud, D.O.
N.Y. App. Div. · 2016 · confidence medium
While plaintiff argued that the expert submissions constituted new evidence precluding application of law of the case (see Holloway v Cha Cha Laundry, 97 AD2d 385, 386 [1st Dept 1983]), her “renewal” arguments were based on information already known to her (see Keating v Town of Burke, 105 AD3d 1127 , 1128 [3d Dept 2013]), and were “nothing more than the [affirmation and affidavit] of newly retained experts” (Giberson v Panter, 286 AD2d 217, 218 [1st Dept 2001], lv denied 97 NY2d 606 [2001]; McDermott v New York Hosp.-Cornell Med.
discussed Cited as authority (rule) Samuel v. Time Warner, Inc.
N.Y. Sup. Ct. · 2005 · confidence medium
The doctrine of law of the case provides that once an issue is judicially determined, it is not to be reconsidered by judges and courts of coordinate jurisdiction in the course of the same litigation (Martin v City of Cohoes, 37 NY2d 162, 165 [1975]; Holloway v Cha Cha Laundry, 97 AD2d 385, 386 [1st Dept 1983]).
cited Cited as authority (rule) Kimmel v. State
N.Y. App. Div. · 1999 · confidence medium
The court erred in failing to treat its prior orders as final and binding on those issues (see, Cosenza v Malvin, supra, at 654 ; Holloway v Cha Cha Laundry, supra, at 386).
cited Cited as authority (rule) Plaza Operating Partners Ltd. v. IRM (U.S.A.) Inc.
N.Y. City Civ. Ct. · 1989 · confidence medium
(Holloway v Cha Cha Laundry, 97 AD2d 385, 386 [1st Dept 1983].) Discovery in a summary proceeding, which is a special proceeding, is allowed only by leave of court (CPLR 408; RPAPL 701).
discussed Cited "see" Doomes v. Best Transit Corp.
N.Y. App. Div. · 2003 · signal: see · confidence high
We reject appellants’ contention that Warrick can be com pelled to use its “best efforts” to produce former employees, or an outside consultant who was never its employee, unless it proves that it no longer has any control or influence over them (cf. CPLR 3101 [a] [1]; 3106 [b]; see Holloway v Cha Cha Laundry, 97 AD2d 385, 386 [1983]; DiMare v New York City Tr.
Retrieving the full opinion text from the archive…
Laura Holloway, an Infant, by Her Mother and Natural Guardian, Willie M. Holloway
v.
Cha Cha Laundry, Inc., Defendants Bermil Industries Corp., and Coronavernken Aktiebolaget, CTC., Respondent Cha Cha Laundry, Inc., Third-Party v. Underwriters Labs, Inc., Third-Party Defendant Bermil Industries Corp., Fourth-Party v. Electrolux-Wascator A.B., Fourth-Party
Appellate Division of the Supreme Court of the State of New York.
Oct 20, 1983.
97 A.D.2d 385
Cited by 33 opinions  |  Published

Order, Supreme Court, Bronx County (Dorothy E. Kent, J.), entered July 7, 1982, denying a motion by defendant Bermil Industries Corp. (Bermil) to compel codefendant Coronavernken Aktiebolaget, CTC. (CTC) to appear for oral deposition, unanimously reversed, on the law and the facts and in the exercise of discretion, with costs, and the motion is granted directing CTC to submit to examination before trial, on a date to be agreed upon by the parties. The infant plaintiff was allegedly injured at a laundromat while using a washing machine sold and serviced by defendant Super Pak Co., Inc., to defendant Cha Cha Laundry, Inc., the owner and operator of the premises. Neither of these defendants is a party to this appeal. The machine was manufactured in Sweden by defendant CTC, and imported by defendant Bermil. CTC opposes the effort to compel it to submit to examination before trial, upon the ground that it had sold its washing machine division in 1973 and presently has neither any relevant records in its possession nor any employees under its control with knowledge of the washing machine division. Previously, in granting plaintiff’s motion to compel all parties to submit to examination in June, 1981, Justice Kent denied a cross motion by CTC to avoid submitting to examination. However, CTC was the only party failing to[*386] submit to examination as directed. In contrast to the 1981 order, the order appealed from was made on a motion by one defendant, Bermil, to compel examination of CTC, the one remaining defendant. The 1981 order established law of the case on the issue of whether CTC should submit to oral deposition. The “law of the case” doctrine is a rule of practice which provides that once an issue is judicially determined, either directly or by implication, it is not to be reconsidered by Judges or courts of co-ordinate jurisdiction in the course of the same litigation (see Martin v City of Cohoes, 37 NY2d 162, 165; Metropolitan Package Store Assn. v Koch, 89 AD2d 317, 321-322). Of course, a question may be reconsidered if new evidence has come to light since the initial ruling (Matter of Yeampierre v Gutman, 57 AD2d 898, 899). That does not appear to be the case here. A review of the record reveals two developments since the 1981 order. First is the fact that all parties other than CTC have submitted to examination before trial. Second is the production of a 1981 transcript in an unrelated case in New York County, containing the testimony of one Tor Kvarnbach, an attorney for AGA, a Swedish company which is the present parent of CTC, who confirmed that CTC, then a division of the parent Coronavernken Aktiebolaget, was in the business of manufacturing washing machines up until 1978. CTC is still in existence, manufacturing and selling heating products, which were always its product line. Kvarnbach confirmed that some of the personnel working at CTC prior to 1978 were still working for that company at the time of his testimony. He identified the president in 1978 who was now chairman of the board of that company. Kvarnbach conceded that records might exist at CTC today which would reveal the names of prior officers of that company. He opined that any documents related to the manufacture of the type of washing machine in question probably were transferred to Electrolux, A.B., the Stockholm company which bought out the washing machine division of CTC in 1973. He asserted Electrolux sold all its stock in CTC to AGA in 1978. None of this information requires a reconsideration of the prior order. Nor does it provide a basis for denying the right of Bermil, a defendant, to examine CTC, a codefendant, before trial. (CPLR 3101.) CTC, as a party, cannot be compelled to produce as a nonparty witness a former employee who is no longer under CTC’s control (Sparacino v City of New York, 85 AD2d 688, 689). However, Bermil has not requested that any former employee appear as a witness. Bermil, as a party, is entitled to have its codefendant CTC, a corporation in existence now as well as at the time it manufactured the washing machine in question, produce for examination before trial an officer or other employee with knowledge of the facts and issues involved in this action to furnish and explain what relevant documents may or may not be presently available. Concur — Kupferman, J. P., Sandler, Fein, Milonas and Alexander, JJ.