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Kahen v. Woutersz

Appellate Term of the Supreme Court of New York, Second Department
Mar 2, 2005
2005 N.Y. Slip Op. 50242 (N.Y. App. Term 2005)

Opinion

2003-1700 QC.

Decided March 2, 2005.

Appeal by Rosemary Toriola from an order of the Civil Court, Queens County (S. Gottlieb, J.), entered October 17, 2003, denying her motion to vacate a default final judgment.

Order unanimously affirmed without costs.

PRESENT: PESCE, P.J., GOLIA and RIOS, JJ.


Rosemary Toriola seeks appellate review of the denial of a motion to vacate a default final judgment, a matter already determined against her in a prior appeal ( Kahen v. Woutersz, 2002 NY Slip Op 50670[U] [App Term, 2d 11th Jud Dists]; see also Toriola v. Kahen, 300 AD2d 650, lv denied 100 NY2d 511). Law of the case doctrine bars reconsideration of the issues raised in support of her prior motion, and of other matters that could have been determined in that appeal ( Palumbo v. Palumbo, 10 AD3d 680; Wendy v. Spector, 305 AD2d 403; Ometz Realty Corp. v. Vanette Auto Supplies, 262 AD2d 539, 540; Mobil Oil Corp. v. City of Syracuse Indus. Dev. Agency, 224 AD2d 15, 19).


Summaries of

Kahen v. Woutersz

Appellate Term of the Supreme Court of New York, Second Department
Mar 2, 2005
2005 N.Y. Slip Op. 50242 (N.Y. App. Term 2005)
Case details for

Kahen v. Woutersz

Case Details

Full title:MEHRDAD KAHEN JOSEPH KAHEN, Respondents, v. TYRONE WOUTERSZ, SISISL…

Court:Appellate Term of the Supreme Court of New York, Second Department

Date published: Mar 2, 2005

Citations

2005 N.Y. Slip Op. 50242 (N.Y. App. Term 2005)