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GINA YOUNG et al., Respondents, v. JOHNSON TSENG et al., Appellants. (Action No. 1.) LY DEVELOPMENT LLC, Plaintiff, and GINA YOUNG, Respondent,

Ordered that the order is affirmed, with costs.

Since the defendants could have raised their fraud argument on a prior appeal, they waived appellate review of that argument ( see EIFS, Inc. v. Morie Co., 298 AD2d 551; Duffy v. Holt-Harris, 260 AD2d 595).

With the exception of their fraud argument, the defendants' remaining contentions are based upon matter dehors the record and, therefore, cannot be considered on appeal ( see Echevarria v. Pathmark Stores, Inc., 7 AD3d 750; Carhuff v. Barnett's Bake Shop, 54 AD2d 969). In any event, they seek to raise again the very issues previously considered and decided against them on a prior appeal ( see Young v. Tseng, 300 AD2d 476). Reconsideration of those issues is barred by the doctrine of the law of the case ( see Prato v. Vigliotta, 277 AD2d 214; Matter of Yeampierre v. Gutman, 57 AD2d 898).

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YOUNG v. TSENG
(Nov 21, 2005)