Returning Subscriber?
Not a Subscriber to Litigation Pathfinder?
Get the full text of this legal issue, including links to cited primary law, along with unlimited access 1,000’s of other legal issues…and more!
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).
[…]