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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

MH Residential 1, LLC v. Barrett, 41 Misc. 3d 24 (2013)

Citation
MH Residential 1, LLC v. Barrett, 41 Misc. 3d 24 (2013)
Parent Document
MH Residential 1, LLC v. Barrett, 41 Misc. 3d 24 (2013)
Jurisdiction
New York (state)
Effective Date
2013-03-06

Full Text

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From a procedural perspective, appellants’ discovery motion, filed within 11 months of an (unappealed) order denying appellants’ prior motion for similar relief, was precluded by the law of the case doctrine (see Kimmel v State of New York, 261 AD2d 843 [1999]), absent a material change of circumstances not here shown (see Francione v Birnbaum, 134 AD2d 850, 851 [1987]; see and compare Foley v Roche, 86 AD2d 887 [1982]). Nor do appellants fare better on the merits of the more recent of their two discovery motions. In the context of this long-pending “summary” eviction proceeding and considering the welter of documents bearing on the retaliation issue previously obtained by appellants pursuant to subpoena, we cannot say that appellants demonstrated “ample need” for additional information on that issue (see New York Univ. v Farkas, 121 Misc 2d 643 [1983]).