Eastside Exhibition Corp., Plaintiff-Appellant, v. 210 (2010)

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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 reexamination 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 N.Y.2d 162 [1975] ).   Accordingly, based upon our prior determination, the motion court properly rejected plaintiff's claim.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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CLERK