Friday, February 26, 2016

Doctrine of law of the case.

Practice point: The Appellate Division affirmed the motion court's order, as, on a prior appeal, it had determined that representatives of the retired/deceased partner were not entitled to share in the appreciation of partnership assets after the date of dissolution of the partnerships, namely, the gain on the sale of commercial real estate sold after the date of dissolution.  On this appeal, the defendant did not demonstrate new factual circumstances or a change in the law which would warrant reconsideration of the issue.

Student note: The Appellate Division noted that the doctrine of law of the case precludes it from reexamining an issue which has been raised and decided against a party or those in privity with that party on a prior appeal absent a showing of subsequent evidence or a change in law.

Case:  Breidbart v. Wiesenthal, NY Slip Op 01143 (2d Dept. 2016)

Here is the decision.

Monday's issue:  Ordinary negligence and recklessness standards of care.