Practice point: The doctrine is a rule of policy and practice to ensure that, when an issue is once judicially determined, that should be the
end of the matter as far as Judges and courts of co-ordinate jurisdiction are
concerned.
Student note: The doctrine applies only to legal determinations that were
necessarily resolved on the merits in a prior decision, and to the same
questions presented in the same case.
Case:
Erickson v. Cross Ready Mix, Inc., NY Slip Op 06062 (2d Dept.
2012).
Here is the decision.
Tomorrow’s issue: Motion for leave to renew or reargue.