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ABRAHAM C. GROSSMAN, Respondent, v. TEAM CARE HOME CARE AGENCY, INC., et al., Appellants.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court correctly concluded that the disclosure sought by the plaintiffs, the location of the proceeds of the sale of the assets of the corporation at issue in this proceeding, had been granted by a prior order from which no appeal had been taken. Since the prior determination was the law of the case ( see Andrea v. E.I. du Pont de Nemours Co., 289 AD2d 1039, 1041; Kimmel v. State of New York, 261 AD2d 843, 844; Ennist v. Shepherd, 117 AD2d 580, 580), the Supreme Court properly granted that branch of the plaintiff's motion which was to compel such disclosure. The Supreme Court also properly granted that branch of the plaintiff's motion which was to dismiss the defendants' affirmative defense of failure to join a necessary party ( see CPLR 1001 [a]; Agrawal v. Razgaitis, 149 AD2d 390).

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GROSSMAN v. TEAM CARE HOME CARE AGENCY, INC
(Jan 31, 2005)