Top citers, strongest first. 2 distinct citers.
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discussed
Cited "see"
Matter of Falck
The law of the case doctrine would generally apply here, where Surrogate's Court has been presented with a prejudgment ruling from this Court ( see generally People v Evans , 94 NY2d 499, 503 [2000]); however, the doctrine "only applies when the prior ruling directly passed upon a question of law that is essential to the determination of the matter" ( Gulf Coast Bank & Trust Co. v Virgil Resort Funding Group., Inc. , 201 AD3d 1086, 1088 [3d Dept 2022] [internal quotation marks and citation omitted], lv denied 38 NY3d 909 [2022]; see Rosen v Mosby , 148 AD3d 1228, 1233 [3d Dept 2017], lv dismis…
discussed
Cited "see"
Palmatier v. Mr. Heater Corp.
Additionally, even assuming that the earlier finding could be read to apply to the heater's placement, the law of the case doctrine would not apply, as it was obiter dictum that was not "essential to the determination of the [prior motion]" ( Karol v Polsinello , 127 AD3d at 1402-1403 ; see Rosen v Mosby , 148 AD3d 1228, 1233 [2017], lv dismissed 30 NY3d 1037 [2017]; Matter of McNamee, Lochner, Titus & Williams [Killeen] , 267 AD2d 919, 922 [1999]).
Retrieving the full opinion text from the archive…
Steven ROSEN
v.
Katherine MOSBY
v.
Katherine MOSBY
Motion No: 2017–973.
Court for the Trial of Impeachments and Correction of Errors.
Dec 14, 2017.
Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.
Took.
Published
Judge Feinman took no part.