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CARLING v. PETERS

651203/13-8663, 8662, 8661.

170 A.D.3d 482 (2019)

96 N.Y.S.3d 33

2019 NY Slip Op 01713

Francis Carling, Appellant-Respondent, v. Kristan Peters, Respondent-Appellant.

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

Decided March 12, 2019.

Law of the case did not bar dismissal of the fraud claim. Carling asserts that when he first commenced this fee dispute litigation in the Southern District of New York, Peters moved to dismiss on grounds similar to those asserted in her motion to dismiss below and that her motion in federal court was denied (US Dist Ct, SD NY, No. 10-cv-04573 [VM], Sept. 14, 2010). However, the denial of that motion was not even "law" of the SD...

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