Hes v. Zirkin

Summary

The Appellate Division, First Department, unanimously affirmed an order dismissing Joey Hes's malicious prosecution claim against Samantha Zirkin. The court held that the law-of-the-case doctrine bound the plaintiff to the prior finding that the pleadings failed to sufficiently allege that the criminal proceedings terminated in her favor.

Holdings

1. The law-of-the-case doctrine applied because the prior order of the same court and justice necessarily and expressly decided that plaintiff had not adequately pleaded favorable termination of the criminal proceedings.
2. Dismissal of plaintiff's malicious prosecution claim against Samantha Zirkin was affirmed because plaintiff was bound by the prior determination that the claim inadequately pleaded favorable termination.

Questions Presented

1. Whether the law-of-the-case doctrine bound plaintiff to the prior motion court's determination that the malicious prosecution claim failed to plead favorable termination of the criminal proceedings.
2. Whether dismissal of plaintiff's malicious prosecution claim against Samantha Zirkin should be affirmed.

Disposition

affirmed