PERI FORMWORK v. LUMBERMENS

2011-05551, 2011-05552

112 A.D.3d 171 (2013)

975 N.Y.S.2d 422

2013 NY Slip Op 7461

PERI FORMWORK SYSTEMS, INC., Appellant-Respondent, v. LUMBERMENS MUTUAL CASUALTY COMPANY et al., Defendants, and ARCH INSURANCE COMPANY et al., Respondent-Appellants.

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

November 13, 2013.


Attorney(s) appearing for the Case

Neal Brickman, P.C., New York City ( Aaron A. Mitchell of counsel), for appellant-respondent.

DelBello Donnellan Weingarten Wise & Wiederkehr, LLP, White Plains ( Patrick M. Reilly of counsel), for respondents-appellants.

RIVERA, J.P., ANGIOLILLO and ROMAN, JJ., concur.


OPINION OF THE COURT

CHAMBERS, J.

During a nonjury trial in this action, the plaintiff argued that, under the doctrine of law of the case, it was not required to prove the amount it was owed on its mechanic's liens because this Court had previously determined that issue on a prior appeal (see Peri Formwork Sys., Inc. v Lumbermens Mut. Cas. Co., 65 A.D.3d 533 [2009])....

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