Practice point: This doctrine is based on the fundamental principle that a judge may not review or overrule an order of another judge of coordinate jurisdiction in the same action or proceeding.
Practitioners should note that the principle does not apply where a prior order was issued by a Support Magistrate in a different proceeding.
Case: Barr v. Cannata, NY Slip Op 10109 (2d Dept. 2008)
The opinion is here.
Tomorrow’s issue: Prejudgment interest.
