Opinion
2000-11105
October 11, 2001.
November 13, 2001.
In an action to recover damages for personal injuries, etc., the defendant Freeport Union Free School District appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (McCarty, J.), dated October 16, 2000, as, upon renewal, adhered to a prior order of the same court (Winslow, J.), dated January 23, 1998, denying its motion for summary judgment dismissing the complaint insofar as asserted against it.
Steven R. Harris, New York, N.Y. (Philip E. Conaty, Lauren M. Felicione, and Christina Lee of counsel), for appellant.
Sullivan Papain Block McGrath Cannavo, P.C., New York, N.Y. (Stephen C. Glasser and Stefani R. Cardarelli of counsel), for respondents.
Before: CORNELIUS J. O'BRIEN, J.P., GLORIA GOLDSTEIN, ROBERT W. SCHMIDT, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The appellant's initial motion for summary judgment dismissing the complaint insofar as asserted against it was denied, and that determination was affirmed by this court ( see, Johnson v. Freeport Union Free School Dist., 255 A.D.2d 294). That decision constitutes the law of the case, which is binding on the Supreme Court and on this court as well ( see, Shroid Constr. v. Dattoma, 250 A.D.2d 590, 593). The appellant has asserted no basis for deviating from our prior decision ( see, Inter-Power of N.Y. v. Niagara Mohawk Power Corp., 259 A.D.2d 932, 933; Gayle v. City of New York, 92 N.Y.2d 936, 937; M M Produce Farms Sales v. County of Orange, 275 A.D.2d 764).
O'BRIEN, J.P., GOLDSTEIN, SCHMIDT and SMITH, JJ., concur.