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DELGADO v. CITY OF NEW YORK

14684/95, 1284.

144 A.D.3d 46 (2016)

38 N.Y.S.3d 129

SANDRA DELGADO et al., Appellants, v. CITY OF NEW YORK et al., Respondents, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided September 27, 2016.

Attorney(s) appearing for the Case

Law Offices of Arnold E. DiJoseph, P.C., New York City (Arnold E. DiJoseph and Mitchel Ashley of counsel), for appellants.

Zachary W. Carter, Corporation Counsel, New York City (Victoria Scalzo and Deborah A. Brenner of counsel), for the City of New York, respondent.

Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, New York City (Patrick J. Lawless of counsel), for New York City Housing Authority and others, respondents.

Ronald P. Berman, New York City, for Brian Washington, respondent.

GISCHE and WEBBER, JJ., concur with ACOSTA, J.; SAXE, J., dissents in a separate opinion in which FRIEDMAN, J.P., concurs.

OPINION OF THE COURT

This case gives us the opportunity to emphasize that when an issue is specifically decided on a motion for summary judgment, that determination is the law of the case. As such, the trial court, as well as the parties, is bound by it "absent a showing of subsequent evidence or change of law" (Carmona v...

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