EXCELSIOR 57TH CORP. v. EXCEL ASSOCIATES

4050. 113665/09.

150 A.D.3d 540 (2017)

2017 NY Slip Op 04046

55 N.Y.S.3d 184

EXCELSIOR 57TH CORP., Appellant, v. EXCEL ASSOCIATES, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 18, 2017.


The trial court properly declined to entertain expert evidence proffered by plaintiff seeking to establish that the routing and filling of cracks in the concrete slabs located in the parking garage constituted non-structural repairs that, under the parties' lease, were defendant's responsibility. This testimony was precluded by the doctrine of law of the case because the motion court, and this Court on a prior appeal (126 A.D.3d 479 [1st...

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