May 14, 2009

Law of the case.

Practice point: The doctrine is not implicated when the court alters its own ruling and not a ruling by another court of coordinate jurisdiction.

Practitioners should note that every court retains continuing jurisdiction to reconsider its prior interlocutory orders, and may do so regardless of statutory time limits on motions to reargue.

Case: Kleinser v. Astarita, NY Slip 03401 (1st Dept. 2009)

The opinion is here.

Tomorrow’s issue: Disabilities Law.

You will find another instructive case here.