Mountain View Coach Lines v. Storms

In Mountain View Coach Lines v. Storms (102 AD2d 663 [2d Dept 1984]), the Appellate Division, Second Department, interpreted the rule of stare decisis as requiring that trial courts within the Second Department follow precedents set by the Appellate Division of another department until the Court of Appeals or the Appellate Division, Second Department, pronounces a contrary rule. The Court observed that such a requirement constituted a "general principal of appellate procedure ... necessary to maintain uniformity and consistency" and was, moreover, justified by the status of the Appellate Division as a "single State-wide court divided into departments for administrative convenience." (Id. at 664.) The Court observed in dicta that, "the doctrine of stare decisis requires trial courts in this department to follow precedents set by the Appellate Division of another department until the Court of Appeals or this court pronounces a contrary rule."