Stone v. Stone

Appellate Division of the Supreme Court of New York

Stone v. Stone

63 A.D.3d 1037, 880 N.Y.S.2d 573

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 23, 2009

StatusPublished

This text of 63 A.D.3d 1037 (Stone v. Stone) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stone v. Stone, 63 A.D.3d 1037, 880 N.Y.S.2d 573 (N.Y. Ct. App. 2009).

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Opinion

In an action, inter alia, for the dissolution of a partnership, the plaintiff appeals from an order of the Supreme Court, Westchester County (Rudolph, J.), entered March 13, 2008, which denied his motion to vacate a judgment of the same court (Burrows, J.), entered January 9, 1995, which was in favor of the defendant Norman Stone and against him in the principal sum of $28,788.63.

Ordered that the order is affirmed, with costs.

The plaintiffs contentions were previously raised and decided against him on prior appeals in this matter (see Stone v Stone, 39 AD3d 534 [2007]; Stone v Stone, 19 AD3d 404 [2005]; Stone v Stone, 229 AD2d 388 [1996]). Therefore, reconsideration of these issues is barred by the doctrine of the law of the case (see People v Evans, 94 NY2d 499, 502 [2000]; Martin v City of Cohoes, 37 NY2d 162, 165 [1975]; Marcus Dairy, Inc. v Jacene Realty Corp., 27 AD3d 427 [2006]; Purpura v Purpura, 21 AD3d 542 [2005]).

We decline the defendant’s request to impose sanctions against the plaintiff (see 22 NYCRR 130-1.1 [a]). Rivera, J.E, Miller, Balkin and Austin, JJ., concur.

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In an action, inter alia, for the dissolution of a partnership, the plaintiff appeals from an order of the Supreme Court, Westchester County (Rudolph, J.), entered March 13, 2008, which denied his motion to vacate a judgment of the same court (Burrows, J.), entered January 9, 1995, which was in favor of the defendant Norman Stone and against him in the principal sum of $28,788.63.

Ordered that the order is affirmed, with costs.

The plaintiffs contentions were previously raised and decided against him on prior appeals in this matter (see Stone v Stone, 39 AD3d 534 [2007]; Stone v Stone, 19 AD3d 404 [2005]; Stone v Stone, 229 AD2d 388 [1996]). Therefore, reconsideration of these issues is barred by the doctrine of the law of the case (see People v Evans, 94 NY2d 499, 502 [2000]; Martin v City of Cohoes, 37 NY2d 162, 165 [1975]; Marcus Dairy, Inc. v Jacene Realty Corp., 27 AD3d 427 [2006]; Purpura v Purpura, 21 AD3d 542 [2005]).

We decline the defendant’s request to impose sanctions against the plaintiff (see 22 NYCRR 130-1.1 [a]). Rivera, J.E, Miller, Balkin and Austin, JJ., concur.

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Bluebook (online)

63 A.D.3d 1037, 880 N.Y.S.2d 573, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stone-v-stone-nyappdiv-2009.

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