YOUNG v. TSENG

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).