Law of the case, and equitable affirmative defenses.

Practice point: Where issues have been raised and determined in a prior appeal, or if those issues could have been raised, their reconsideration is barred by the doctrine of law of the case, pursuant to  CPLR 5501[a]. The doctrine applies only to legal determinations that were necessarily resolved on the merits in the prior decision, and to the same questions presented in the same case.

Student note: On a claim to recover damages for unjust enrichment, equitable affirmative defenses could be properly asserted since the action is not one exclusively at law.

Case: Moran Enters., Inc. v. Hurst, NY Slip Op 04980 (2d Dept. 2012).

Here is the decision.

Monday’s issue: Dismissal for failure to appear at a calendar call.