Opinion
2001-06330
Argued October 10, 2002.
October 28, 2002.
In an action, inter alia, to recover damages for breach of contract and breach of warranty, the defendant appeals from an order of the Supreme Court, Suffolk County (Molia, J.), entered June 11, 2001, which denied its motion to dismiss the first, second, third, fourth, and sixth causes of action asserted by the plaintiffs Polymer Plastics Corp., and Vitricon, Inc., as barred by the statute of limitations.
Cozen O'Connor, P.C., New York, N.Y. (Richard B. Polner of counsel), for appellant.
Thaler Gertler, LLP, Westbury, N.Y. (Harold J. Levy of counsel), for respondents.
Before: SANDRA J. FEUERSTEIN, J.P., SONDRA MILLER, WILLIAM D. FRIEDMANN, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
Since the defendant could have raised its standing argument on a prior appeal, and it failed to set forth any new facts to warrant reversal of the prior order and dismissal of the complaint, it waived appellate review of its standing argument (see Duffy v. Holt-Harris, 260 A.D.2d 595; Matter of Gerzof v. Coons, 177 A.D.2d 487]).
With the exception of its standing argument, the defendant seeks to raise again the very issues previously considered and decided against it on a prior appeal (see EIFS, Inc. v. Morie Co., 281 A.D.2d 512). Reconsideration of those issues is barred by the doctrine of the law of the case (see Prato v. Vigliotta, 277 A.D.2d 214; Ometz Realty Corp. v. Vanette Auto Supplies, 262 A.D.2d 539).
FEUERSTEIN, J.P., S. MILLER, FRIEDMANN and COZIER, JJ., concur.