Practice point: The dismissal of an action by summary judgment constitutes a determination on the merits.
Students should note that the doctrine of law of the case precludes the amending of plaintiff's reply, since the events underlying the proposed affirmative defense of fraud are the same as those which formed the basis for her legal malpractice claim.
The case is Callaghan v. Curtis, NY Slip Op 01785 (2d Dept. 2011
Monday's issue is Labor Law.
