Justice David I. Schmidt
Sanchez moved for leave to renew and reargue seeking to strike Unite Health Center’s answer in this negligence action. He also sought vacatur of a prior decision dismissing his action against Unite. Sanchez was injured when a restroom mirror he was cleaning during the course of his employment fell off the wall and lacerated his hand. He argued Unite violated two court orders and discovery demands, depriving him of an opportunity to obtain relief against Koslow, the installer of the mirrors, thus, the court should strike Unite’s answer “making Unite stand in the shoes of the liable parties, [because] its wrongful conduct prevented plaintiff from seeking any redress at law.” The court denied the motion, stating Sanchez failed to timely move for same, noting he may not move on the grounds Unite failed to comply with discovery demands nearly two years later. Also, as Sanchez failed to file a cross-appeal with the Appellate Division on such grounds, he was foreclosed from seeking renewal or reargument on the order dismissing the action against Unite. The court ruled as an appellate court’s determination on a prior appeal constituted law of the case, it was binding on the trial court, and Sanchez was precluded from maintaining an action against Koslow.
