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STERNGASS v. TOWN BOARD OF TOWN OF CLARKSTOWN

43 A.D.3d 1037 (2007)

841 N.Y.S.2d 453

JACK STERNGASS, Appellant, v. TOWN BOARD OF TOWN OF CLARKSTOWN et al., Respondents. (Action No. 1.) LEATHER STOCKING ANTIQUES, INC., et al., Appellants, v. TOWN OF CLARKSTOWN et al., Respondents. (Action No. 2.) (And a Related Action/ Proceeding.)

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

Decided September 18, 2007.

Ordered that the order is affirmed insofar as appealed from, with costs.

Pursuant to the doctrine of law of the case, judicial determinations made during the course of a litigation before final judgment is entered may have preclusive effect provided that the parties had a full and fair opportunity to litigate the initial determination (see Marcus Dairy, Inc. v Jacene Realty Corp., 27 A.D.3d 427 [2006]). The issue raised by...

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