Opinion
December 19, 1991
Appeal from the Supreme Court, New York County (Beatrice Shainswit, J.).
Plaintiffs have commenced supplementary proceedings to enforce a judgment entered against defendants. In the underlying motion and in this appeal, the defendants seek a protective order arguing that the Pennsylvania cognovit judgment on the basis of which the IAS court granted summary judgment pursuant to CPLR 3213 is not enforceable in the State of New York. Since this appeal was perfected, we rejected this same argument on defendants' appeal from the judgment itself (Fiore v Oakwood Plaza Shopping Center, 164 A.D.2d 737, stay denied 78 N.Y.2d 952). The prior decision of this Court is law of the case. Even if we were not to reject defendants' arguments on this ground, we would find them to be without merit.
Concur — Sullivan, J.P., Wallach, Kupferman, Asch and Kassal, JJ.