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SUPERB GENERAL CONTRACTING CO., Appellant, v. CITY OF NEW YORK et al., Respondents, et al., Defendant.

On a prior order ( 39 AD3d 204, lv dismissed 10 NY3d 800), we dismissed the second through seventh causes of action against the City and the entire complaint against defendant S.J. Rehab, under the statute of limitations. That ruling constituted law of the case, precluding plaintiff from raising the issue on the present appeal ( see Clark Constr. Corp. v BLF Realty Holding Corp., 54 AD3d 604; J-Mar Serv. Ctr, Inc. v Mahoney, Connor Hussey, 45 AD3d 809), and plaintiff even conceded as much.

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SUPERB GEN. CONTR. CO. v. CITY OF NEW YORK
(May 5, 2009)