Opinion
April 8, 1996
Appeal from the Supreme Court, Queens County (Smith, J.).
Ordered that the order is affirmed, with costs.
The Supreme Court acted correctly in denying the appellant's cross motion for discovery as it pertained to the destroyed books and records of Jamaica Tobacco Sales Corp. The court was compelled to do so by reason of the doctrine of law of the case ( see, Detko v. McDonald's Rest., 198 A.D.2d 208, 209; Ennist v Shepherd, 117 A.D.2d 580). The Supreme Court's incorrect reliance upon Gillman v. Chase Manhattan Bank ( 73 N.Y.2d 1), a separate action commenced by the assignee which did not address the issue at bar, was harmless error and does not mandate a reversal since the record supports the court's determination ( see, Menorah Nursing Home v. Zukov, 153 A.D.2d 13, 19; see also, Edgreen v Learjet Corp., 180 A.D.2d 562). Thompson, J.P., Sullivan, Pizzuto and McGinity, JJ., concur.