The law of the case doctrine applies to legal determinations that were necessarily resolved on the merits in a prior decision, and to the same questions presented in the same case. It bars reconsideration of issues which were raised and determined against a party or which could have been raised on a prior appeal. 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 operates to foreclose re-examination of the question absent a showing of subsequent evidence or change of law.
Board of Mgrs. of Oceanview Condominium vs. Riccardi, NY Slip Op 05927 (2d Dep't October 14, 2026)
