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MASSEY v. BYRNE

6435. 107935/10.

164 A.D.3d 416 (2018)

81 N.Y.S.3d 49

2018 NY Slip Op 05731

Craig B. Massey, Respondent, v. Christopher W. Byrne et al., Appellants.

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

Decided August 9, 2018.

We found on a prior appeal that there are triable issues of fact regarding plaintiff's constructive trust and unjust enrichment claims (112 A.D.3d 532 [1st.Dept 2013]). Defendants have identified no new information unearthed in discovery that would resolve these issues of fact. "An appellate court's resolution of an issue on a prior appeal constitutes the law of the case and is binding on the Supreme Court, as well as on the appellate court...

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