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MORRISON COHEN, LLP v. FINK

6802N, 104100/09.

92 A.D.3d 514 (2012)

938 N.Y.S.2d 309

2012 NY Slip Op 1125

MORRISON COHEN, LLP, Appellant-Respondent, v. DAVID FINK, Respondent-Appellant.

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

Decided February 14, 2012.

Plaintiff is correct that the conditional vacatur order was based solely on CPLR 317 grounds. Thus, this Court's conclusion, in its February 2011 order (Morrison Cohen LLP v Fink, 81 A.D.3d 467 [2011]), that defendant failed to demonstrate a CPLR 317 claim for vacatur became law of the case, as "[a]n appellate court's resolution of an issue on a prior appeal constitutes the law of the case and is binding on the Supreme Court, as...

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