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ANDREW SASSON plf-res, v. TLG ACQUISITION LLC def-ap

3808-3810. ANDREW SASSON plf-res, v. TLG ACQUISITION LLC def-ap — Kasowitz, Benson, Torres & Friedman LLP, New York (Paul M. O'Connor III of counsel), for ap — Proskauer Rose LLP, New York (Peter J. W. Sherwin of counsel), for res — Judgment, Supreme Court, New York County (Eileen A. Rakower, J.), entered on July 6, 2016, in favor of plaintiffs, affirmed, without costs. Appeals from orders, same court and Justice, entered February 29 and March 10, 2016, which, to the extent appealed from as limited by the briefs, granted plaintiffs' motion for summary judgment and awarded plaintiffs attorneys's fees, dismissed, without costs, as subsumed in the appeal from the judgment.

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3808-3810. ANDREW SASSON plf-res, v. TLG ACQUISITION LLC def-ap — Kasowitz, Benson, Torres & Friedman LLP, New York (Paul M. O’Connor III of counsel), for ap — Proskauer Rose LLP, New York (Peter J. W. Sherwin of counsel), for res — Judgment, Supreme Court, New York County (Eileen A. Rakower, J.), entered on July 6, 2016, in favor of plaintiffs, affirmed, without costs. Appeals from orders, same court and Justice, entered February 29 and March 10, 2016, which, to the extent appealed from as limited by the briefs, granted plaintiffs’ motion for summary judgment and awarded plaintiffs attorneys’s fees, dismissed, without costs, as subsumed in the appeal from the judgment.

The issue of the definition of the disputed term was expressly decided adversely to defendants by this Court in the prior appeal (127 AD3d 480 [1st Dept 2015]), and there is no basis for re-examination of this Court’s prior decision, which is law of the case. Therefore, in granting summary judgment to plaintiffs, the motion court correctly determined that it was bound by this Court’s prior decision (see e.g. Arkin Kaplan Rice LLP v. Kaplan, 138 AD3d 415 [1st Dept 2016]).

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