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KOMOLOV v. SEGAL

8894, 651626/11.

101 A.D.3d 639 (2012)

957 N.Y.S.2d 99

2012 NY Slip Op 9165

ALEXANDER KOMOLOV et al., Appellants, v. DAVID SEGAL et al., Respondents.

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

December 27, 2012.

Contrary to plaintiffs' claim, we did not decide in the prior appeal (96 A.D.3d 513 [1st Dept 2012]) whether the complaint stated a cause of action for conversion; hence, law of the case does not require reversal of the judgment currently under appeal.

The motion court did not impermissibly act sua sponte in changing the grounds for dismissal of the conversion claims; rather, it was reacting to the arguments made by plaintiffs in...

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