Plaintiffs have already appealed an order determining that the law firm representing them was disqualified under Rules of Professional Conduct (22 NYCRR 1200.0) rule 3.7(b), as a partner was to be called as a material witness. The Appellate Division affirmed the order, and both the Appellate Division and the Court of Appeals denied leave to appeal. Since there has been no new evidence discovered after the prior order or any change in the applicable law, resolution of the issue on the prior appeal constitutes the law of the case and forecloses reexamination of the issue. Since the law firm was disqualified from representing plaintiffs in any capacity, it does not have standing to bring the appeal. The appeal must be dismissed.
Applehole v. Wyeth Ayerst Labs., NY Slip Op 01059 (1st Dep't February 28, 2023)
