Eastside Exhibition Corp. v 210 E. 86th St., Corp.

Eastside Exhibition Corp. v 210 E. 86th St. Corp. 2010 NY Slip Op 08854 [79 AD3d 417] December 2, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 16, 2011

Eastside Exhibition Corp., Appellant,
v
210 East 86th Street Corp., Respondent.

—[*1] Marcus Rosenberg & Diamond LLP, New York (David Rosenberg of counsel), for appellant.

Kaufman Friedman Plotnicki & Grun, LLP, New York (Howard Grun of counsel), for respondent.

Order, Supreme Court, New York County (Edward H. Lehner, J.), entered on or about July 30, 2009, which, after a hearing, determined that plaintiff was not entitled to any abatement of rent, unanimously affirmed, without costs.

"An appellate court's resolution of an issue on a prior appeal constitutes the law of the case and is binding on the Supreme Court, as well as on the appellate court . . . [and] operates to foreclose re-examination of [the] question absent a showing of subsequent evidence or change of law" (J-Mar Serv. Ctr., Inc. v Mahoney, Connor & Hussey, 45 AD3d 809, 809 [2007] [internal quotation marks and citations omitted]; see Martin v City of Cohoes, 37 NY2d 162 [1975]). Accordingly, based upon our prior determination, the motion court properly rejected plaintiff's claim. Concur—Tom, J.P., Friedman, DeGrasse, Freedman and Manzanet-Daniels, JJ.