Opinion
No. 3752.
December 2, 2010.
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.
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.
Before: Tom, J.P., Friedman, DeGrasse, Freedman and Manzanet-Daniels, JJ.
"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 [internal quotation marks and citations omitted]; see Martin v City of Cohoes, 37 NY2d 162). Accordingly, based upon our prior determination, the motion court properly rejected plaintiffs claim.