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KREISLER v. B-U REALTY CORP.

Index No. 161021/14. Appeal No. 14477. Case No. 2020-03008.

198 A.D.3d 568 (2021)

156 N.Y.S.3d 183

2021 NY Slip Op 05816

Stuart Kreisler et al., Respondents, v. B-U Realty Corp. et al., Appellants.

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

Decided October 26, 2021.

Attorney(s) appearing for the Case

Sidrane, Schwartz-Sidrane, Perinbasekar & Littman, LLP, Rockville Centre ( Michael Littman of counsel), for appellants.

Ephron-Mandel & Howard, L.L.P., New York ( Damon P. Howard of counsel), for respondents.

Concur—Kern, J.P., Oing, Singh, Mendez, Higgitt, JJ.

Defendants' renewal motion was properly denied based on law of the case. Defendants assert, for the first time on renewal, that the apartment is exempt from rent stabilization because plaintiff, as a corporate tenant, is not entitled to the protections of the Rent Stabilization Law. However, the issue of whether the apartment is subject to rent stabilization was expressly decided in an earlier appeal (Kreisler v B-U Realty Corp., 164 A.D.3d 1117

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