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JOHN G. HALL, respondent, v. LUCILLE CUCCO, appellant.

DECISION ORDER

ORDERED that the orders are reversed, on the law, with one bill of costs, and the motion is denied.

On a prior appeal, this court determined that the plaintiff's only cause of action sounds in quantum meruit ( see Hall v. Cucco, 294 A.D.2d 332). The plaintiff did not move for leave to reargue that determination, nor did he seek leave from this court to appeal to the Court of Appeals. Reconsideration of the issues determined on the prior appeal is now barred by the doctrine of law of the case ( see Wendy v. Spector, 305 A.D.2d 403). Thus, the plaintiff's remedy, if any, is the reasonable value of the legal services he performed, but not a conveyance of the real property in question. Accordingly, the Supreme Court should have denied the plaintiff's motion for a preliminary injunction ( see Credit Agricole Indosvez v. Rossiyskiy Kredit Bank, 94 N.Y.2d 541).

In light of our determination, the Supreme Court's order dated December 19, 2002, fixing an undertaking at $20,000, must also be reversed.

ALTMAN, J.P., KRAUSMAN, H. MILLER and COZIER, JJ., concur.

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HALL v. CUCCO
(Mar 22, 2004)