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Ometz Realty Corp. v. Vanette Auto Supplies

Appellate Division of the Supreme Court of New York, Second Department
Jun 21, 1999
262 A.D.2d 539 (N.Y. App. Div. 1999)

Opinion

Argued May 7, 1999

June 21, 1999

In an action to foreclose a mortgage, the defendants Richard Edwards, Jr., Carrie B. Edwards, Vanette Auto Supplies, Inc., and Bun-Kay Realty Corp. appeal from an order and judgment (one paper) of the Supreme Court, Kings County (Greenstein, J.), dated April 20, 1998, which, inter alia, upon granting the plaintiff's motion to confirm the referee's report, directed the sale of the subject premises.

Felton Associates, Brooklyn, N.Y. (Regina Felton of counsel), for appellants.

Alexander T. Singer, Brooklyn, N.Y., for respondent.

FRED T. SANTUCCI, J.P., DANIEL W. JOY, SANDRA J. FEUERSTEIN, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the order and judgment is affirmed, with costs.

On this appeal, with the exception of two arguments, the appellants seek to raise again the very issues previously decided against them on a prior appeal ( see, Ometz Realty Corp. v. Edwards, 244 A.D.2d 468). Reconsideration of those issues is barred by the doctrine of law of the case ( see, Vedic Heritage v. Patel, 232 A.D.2d 477; Mobil Oil Corp. v. City of Syracuse Indus. Dev. Agency, 224 A.D.2d 15, 19; KTM Partnership-I v. 160 West 86th St. Partners, 169 A.D.2d 462). " '[Q]uestions of law that have been resolved by an appellate court on a prior appeal will not be reviewed upon a further appeal to that court' " ( Mobil Oil Corp. v. City of Syracuse Industrial Development Agency, supra, at 19, quoting Matter of Local 345 of Retail Store Empls. Union [Heinrich Motors], 96 A.D.2d 182, 186, revd on other grounds 63 N.Y.2d 985).

The appellants' remaining arguments were not interposed in the Supreme Court, and thus are not properly before this court ( see, Antler v. Jamaica 163 Location Corp., 241 A.D.2d 437; Green Point Sav. Bank v. Oppenheim, 217 A.D.2d 571).


Summaries of

Ometz Realty Corp. v. Vanette Auto Supplies

Appellate Division of the Supreme Court of New York, Second Department
Jun 21, 1999
262 A.D.2d 539 (N.Y. App. Div. 1999)
Case details for

Ometz Realty Corp. v. Vanette Auto Supplies

Case Details

Full title:OMETZ REALTY CORP., etc., respondent, v. VANETTE AUTO SUPPLIES, INC., et…

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

Date published: Jun 21, 1999

Citations

262 A.D.2d 539 (N.Y. App. Div. 1999)
691 N.Y.S.2d 797

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