Legal Memorandum: Preliminary Relief in NY

Issue: Under New York law, does an order relating to preliminary relief become part of the law of the case?

Area of Law: Litigation & Procedure
Keywords: An order denying or granting preliminary relief; Law of the case
Jurisdiction: New York
Cited Cases: 118 A.D.2d 845; 500 N.Y.S.2d 329; 170 A.D.2d 987
Cited Statutes: None
Date: 02/01/2000

An order denying or granting preliminary relief does not become law of the case.  Tremco, Inc. v. Turk, 170 A.D.2d 987, 566 N.Y.S.2d 145 (4th Dep’t 1991).  Preliminary relief is not an adjudication on the merits and the claims must be tried as if no preliminary injunction had been sought.  Ratner v. Fountains Clove Road-Apartments, Inc., 118 A.D.2d 845, 500 N.Y.S.2d 329 (2d Dep’t 1986).


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