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Obrycki v. Elliott

Appellate Division of the Supreme Court of New York, Second Department
May 11, 1987
130 A.D.2d 563 (N.Y. App. Div. 1987)

Opinion

May 11, 1987

Appeal from the Supreme Court, Westchester County (Isseks, J.).


Ordered that the order is affirmed insofar as appealed from without costs or disbursements.

The appellant's argument concerning a violation of the law of the case doctrine is unavailing in this court, which is not a court of coordinate jurisdiction (see, Martin v. City of Cohoes, 37 N.Y.2d 162). In any event, the challenged determination addressed by the court concerning the adequacy of the response to the appellant's discovery requests was never previously in dispute, so that the law of the case doctrine is inapplicable. Under the circumstances, Special Term properly permitted the plaintiff to provide a further response to certain specified requests for discovery. Mangano, J.P., Bracken, Niehoff, Kooper and Spatt, JJ., concur.


Summaries of

Obrycki v. Elliott

Appellate Division of the Supreme Court of New York, Second Department
May 11, 1987
130 A.D.2d 563 (N.Y. App. Div. 1987)
Case details for

Obrycki v. Elliott

Case Details

Full title:KAZIMIERZ OBRYCKI, Also Known as JOSEF OBRYCKI, Respondent, v. DENNIS…

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

Date published: May 11, 1987

Citations

130 A.D.2d 563 (N.Y. App. Div. 1987)

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