On August 21, 2024, the Second Department issued a decision in Kanes v. Kanes, 2024 NY Slip Op. 04254, holding that the law of the case doctrine barred reassertion of claims that had previously been found to be time-barred, explaining:
The doctrine of the law of the case seeks to prevent litigation of issues of law that have already been determined at an earlier stage of the proceeding. The law of the case doctrine applies only to legal determinations that were necessarily resolved on the merits in a prior decision and to the same questions presented in the same case. Contrary to Patricia’s contention, the Supreme Court providently exercised its discretion in determining that the doctrine of law of the case precluded its consideration of whether the amended first counterclaim was time-barred. Although the amended first counterclaim included allegations that were not asserted in the original first counterclaim regarding George’s failure to disclose Ernest’s transfer of his interests in Koumbar and Leftom, those allegations were raised in affidavits submitted in opposition to the plaintiff’s motion pursuant to CPLR 3211(a) to dismiss the original first counterclaim. Thus, the amended first counterclaim did not allege new facts after the court determined that the original first counterclaim, as amplified by the affidavits, was time-barred.
(Internal quotations and citations omitted).