Opinion
Argued May 17, 2001.
July 16, 2001.
In an action, inter alia, to recover damages for the discharge of petroleum in violation of Navigation Law article 12, the defendants appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Westchester County (Scarpino, J.), dated March 31, 2000, as, upon remittitur from this court by decision and order dated November 15, 1999, to recalculate the plaintiffs' damages for lost rental income, awarded the plaintiffs the principal sum of $165,264.66 for lost rental income.
Robert G. Del Gadio, Uniondale, N.Y. (Lawrence S. Novak of counsel), for appellants.
Jeffrey A. Jannuzzo, New York, N.Y., for respondents.
Before: CORNELIUS J. O'BRIEN, J.P., ANITA R. FLORIO, SANDRA J. FEUERSTEIN, NANCY E. SMITH, JJ.
ORDERED that the judgment is affirmed insofar as appealed from, with costs.
The doctrine of law of the case bars review of the contentions raised by the appellants on this appeal (see, Shroid Constr. v. Datoma, 250 A.D.2d 590; Stokes v. County of Suffolk, 63 A.D.2d 645). Thus, the Supreme Court's award for lost rental income, upon remittitur from this court on a prior appeal (see, Gettner v. Getty Oil Co., 266 A.D.2d 342), was proper since the appellants do not dispute the accuracy of the mathematical calculations concerning that award.
O'BRIEN, J.P., FLORIO, FEUERSTEIN and SMITH, JJ., concur.