Leffler v. Kotick — Defamation Defendant Barred From Raising Privilege Defense He Strategically Withheld in First Summary Judgment Motion
The First Department applies the law of the case doctrine to bar a pro se defamation defendant from asserting privilege on a second summary judgment motion, where he had deliberately withheld the defense in the first motion and the prior appellate decision found his statements went to a ‘nonprivileged party.’