THOMAS v. DIETRICK


284 A.D.2d 325 (2001)

725 N.Y.S.2d 557

CARL THOMAS et al., Respondents, v. DOLORES DIETRICK, Defendant, and EDDY DELBRUNE et al., Appellants.

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

Decided June 4, 2001.


Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellants, and the action against the remaining defendant is severed.

The doctrine of the law of the case "applies to various stages of the same litigation and not to different litigations" (Matter of McGrath v Gold, 36 N.Y.2d 406, 413). The law of the case "is a rule of practice,...

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