Opinion
March 17, 1998
Appeal from the Supreme Court, New York County (Beatrice Shainswit, J.).
Defendant's claim that the default judgment erroneously awarded relief not sought in the complaint is barred by the doctrine of law of the case ( see, Glynwill Invs. v. Shearson Lehman Hutton, 216 A.D.2d 78, 79, citing, inter alia, Karasik v. Karasik, 172 A.D.2d 294), such claim not having been made in defendant's first motion to vacate the default judgment, which was denied ( 234 A.D.2d 131). For similar reasons, defendant's claim that plaintiff is not entitled to attorneys' fees is also barred. However, the fee award erroneously includes services rendered in connection with the foreclosure action, when it should have been limited to the services rendered only in this action, and we accordingly reverse the award of fees and remand the matter for new findings in that regard. We have reviewed defendant's remaining claims and find them to be without merit.
Concur — Ellerin, J. P., Wallach, Rubin, Tom and Saxe, JJ.