Practice point: An appellate court's resolution of an issue on a prior appeal constitutes the law of the case and is binding on the Supreme Court, as well as on the appellate court, and forecloses a re-examination of the question, absent a showing of subsequent evidence or a change of law.
Student note: Under the doctrine, parties are precluded from relitigating an issue decided in an ongoing action where there previously was a full and fair opportunity to address the issue.
Case: Carmona v. Mathisson, NY Slip Op 01105 (1st Dept. 2012).
Tomorrow’s issue: Depositions.
