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Duffy v. Holt-Harris

Appellate Division of the Supreme Court of New York, Second Department
Apr 26, 1999
260 A.D.2d 595 (N.Y. App. Div. 1999)

Opinion

April 26, 1999

Appeal from the Supreme Court, Queens County (Durante, J.).


Ordered that the order is affirmed, with costs.

The issues raised by the plaintiff on this appeal have been raised, or could have been raised, on numerous prior occasions ( see, Duffy v. Holt-Harris, 159 A.D.2d 542, appeal dismissed 76 N.Y.2d 772, lv dismissed 90 N.Y.2d 925, rearg denied 91 N.Y.2d 867; Duffy v. Holt-Harris, 198 A.D.2d 326, lv dismissed 83 N.Y.2d 801; Duffy v. Holt-Harris, 89 N.Y.2d 962, rearg denied 90 N.Y.2d 845). Under the circumstances, further review is barred by the doctrine of the law of the case ( see, 10 Carmody-Wait 2d, Appeals in General § 70:424, at 456).

Furthermore, given the plaintiff's history of engaging in frivolous litigation, the Supreme Court properly enjoined him from making any further motions in this action in the absence of prior approval by the court ( see, Braten v. Finkelstein, 235 A.D.2d 513).

Bracken, J. P., Thompson, Goldstein and McGinity, JJ., concur.


Summaries of

Duffy v. Holt-Harris

Appellate Division of the Supreme Court of New York, Second Department
Apr 26, 1999
260 A.D.2d 595 (N.Y. App. Div. 1999)
Case details for

Duffy v. Holt-Harris

Case Details

Full title:JOHN R. DUFFY, Appellant, v. JOHN E. HOLT-HARRIS, JR., as Chairman of the…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 26, 1999

Citations

260 A.D.2d 595 (N.Y. App. Div. 1999)
687 N.Y.S.2d 265

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