JOHNSON v. INCORPORATED VILLAGE OF FREEPORT

ORDERED that the order is affirmed insofar as appealed from, with costs.

The appellant's initial motion for summary judgment dismissing the complaint insofar as asserted against it was denied, and that determination was affirmed by this court ( see, Johnson v. Freeport Union Free School Dist., 255 A.D.2d 294). That decision constitutes the law of the case, which is binding on the Supreme Court and on this court as well ( see, Shroid Constr. v. Dattoma, 250 A.D.2d 590, 593). The appellant has asserted no basis for deviating from our prior decision ( see, Inter-Power of N.Y. v. Niagara Mohawk Power Corp., 259 A.D.2d 932, 933; Gayle v. City of New York, 92 N.Y.2d 936, 937; M M Produce Farms Sales v. County of Orange, 275 A.D.2d 764).

O'BRIEN, J.P., GOLDSTEIN, SCHMIDT and SMITH, JJ., concur.