COTTRELL v. SPINA


214 A.D.2d 946 (1995)

626 N.Y.S.2d 334

Thomas H. Cottrell, Appellant, v. Christopher R. Spina et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 28, 1995


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...

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