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MARCUS DAIRY, INC. v. JACENE REALTY CORP
Appellate Division of the Supreme Court of New York, Second Department.
Mar 7, 2006
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Ordered that the judgment is affirmed, with costs.
Pursuant to the doctrine of law of the case, judicial determinations made during the course of a litigation before final judgment is entered may have preclusive effect provided that the parties had a full and fair opportunity to litigate the initial determination ( see Purpura v. Purpura, 21 AD3d 542; Stone v. Stone, 19 AD3d 404; Engel v. Eichler, 300 AD2d 622, 623). The issues raised by the appellant on this appeal are the same as those raised by it and addressed by this Court on a prior appeal ( see Marcus Dairy v. Jacene Realty Corp., 298 AD2d 366). Since the appellant had a full and fair opportunity to litigate these issues, it is precluded from relitigating them.
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