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Stone v. Stone

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


June 23, 2009

RICHARD STONE, APPELLANT,
v.
NORMAN STONE, RESPONDENT.

In an action, inter alia, for the dissolution of a partnership, the plaintiff appeals from an order of the Supreme Court, Westchester County (Rudolph, J.), entered March 13, 2008, which denied his motion to vacate a judgment of the same court (Burrows, J.), entered January 9, 1995, which was in favor of the defendant Norman Stone and against him in the principal sum of $28,788.63.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

REINALDO E. RIVERA, J.P., HOWARD MILLER, RUTH C. BALKIN and LEONARD B. AUSTIN, JJ.

(Index No. 7141/79)

DECISION & ORDER

ORDERED that the order is affirmed, with costs.

The plaintiff's contentions were previously raised and decided against him on prior appeals in this matter (see Stone v Stone, 39 AD3d 534; Stone v Stone, 19 AD3d 404; Stone v Stone, 229 AD2d 388). Therefore, reconsideration of these issues is barred by the doctrine of the law of the case (see People v Evans, 94 NY2d 499, 502; Martin v City of Cohoes, 37 NY2d 162, 165; Marcus Dairy, Inc. v Jacene Realty Corp., 27 AD3d 427; Purpura v Purpura, 21 AD3d 542).

We decline the defendant's request to impose sanctions against the plaintiff (see 22 NYCRR 130-1.1[a]).

RIVERA, J.P., MILLER, BALKIN and AUSTIN, JJ., concur.

20090623

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