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YELLOW BOOK OF NY v. DIMILIA

188 Misc.2d 489 (2001)

729 N.Y.S.2d 286

YELLOW BOOK OF NY L. P., Individually and as Successor in Interest to YELLOW Boox Co. INC., Plaintiff, v. MARY A. DIMILIA, Doing Business as THE RUG NURSE, Defendant.

District Court of Nassau County, First District.

May 31, 2001.

Attorney(s) appearing for the Case

Jay A. Press, P. C., Woodbury, for plaintiff.

Mary A. Dimilia, defendant pro se.

OPINION OF THE COURT

KENNETH L. GARTNER, J.

The instant motion presents a unique issue of first impression involving a conflict between two legal principles: the principle that unpublished memorandum decisions of a court are not to be given binding effect, and the principle that decisions of a court with direct appellate authority are to be given controlling (i.e., stare decisis) effect by a subordinate court...

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