Opinion
December 3, 1990
Appeal from the Supreme Court, Suffolk County (Leis, J.).
Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion is denied.
Summary judgment having been denied to the plaintiff by a prior order of the court, and that determination having become the law of the case, it was improper for the court, as a court of coordinate jurisdiction, to grant the plaintiff's subsequent motion for the identical relief based on identical facts (see, Siegel, N Y Prac § 448; 1 Carmody-Wait 2d, §§ 2:64-2:69; see, Matter of Dondi v. Jones, 40 N.Y.2d 8, 15; State of New York v. Barclays Bank, 151 A.D.2d 19, 21, affd. 76 N.Y.2d 533; see also, Merrill v. Robinson, 106 A.D.2d 818), and we decline to address the merits of the plaintiff's entitlement to summary judgment (see, Post v. Post, 141 A.D.2d 518, 519). Bracken, J.P., Brown, Kunzeman and Harwood, JJ., concur.