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HERBERT v. CITY OF NEW YORK

12 A.D.3d 209 (2004)

783 N.Y.S.2d 807

STEVEN HERBERT, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

November 9, 2004

The court properly determined that defendants had complied with the prior Justice's order to the best of their ability. There is nothing in the history of the case to suggest any willful or dilatory conduct on the part of defendants (see Cespedes v Mike & Jac Trucking Corp., 305 A.D.2d 222 [2003]). Furthermore, there is no basis upon which to apply the doctrine of law of the case (see Latture v Smith,

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