Kahen v Woutersz

[*1] Kahen v Woutersz 2005 NY Slip Op 50242(U) Decided on March 2, 2005 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on March 2, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: PESCE, P.J., GOLIA and RIOS, JJ.
2003-1700 Q C

Mehrdad Kahen & JOSEPH KAHEN, Respondents,

against

Tyrone Woutersz, SISISL VIRANTHA KULATUNGA, DON JOSEPH KULATNGA & KS VIDEO STORE, GINA'S HAIR SALON, JOHN DOE, Defendants, -and- ROSEMARY TORIOLA D/B/A CHIKOLY'S AFRICANA S/H/A JANE DOE, Appellant.

Appeal by Rosemary Toriola from an order of the Civil Court, Queens County (S. Gottlieb, J.), entered October 17, 2003, denying her motion to vacate a default final judgment.

Order unanimously affirmed without costs.
Rosemary Toriola seeks appellate review of the denial of a motion to vacate a default final judgment, a matter already determined against her in a prior appeal (Kahen v Woutersz, 2002 NY Slip Op 50670[U] [App Term, 2d & 11th Jud Dists]; see also Toriola v Kahen, 300 AD2d 650 [2002], lv denied 100 NY2d 511 [2003]). Law of the case doctrine bars reconsideration of the issues raised in support of her prior motion, and of other matters that could have been determined in that appeal (Palumbo v Palumbo, 10 AD3d 680 [2004]; Wendy v [*2]Spector, 305 AD2d 403 [2003]; Ometz Realty Corp. v Vanette Auto Supplies, 262 AD2d 539, 540 [1999]; Mobil Oil Corp. v City of Syracuse Indus. Dev. Agency, 224 AD2d 15, 19 [1996]).

Decision Date: March 02, 2005