Gettner v. Getty Oil Co.

• Citation: 727 N.Y.S.2d 659
• Parties: (A.D. 2 Dept. 2001) Alan Gettner, etc., et al., respondents, v. Getty Oil Company, et al., appellants. 2000-03805 : SECOND JUDICIAL DEPARTMENT
• Decision Date: 16 July 2001
• Court: New York Supreme Court Appellate Division

Page 659

727 N.Y.S.2d 659 (A.D. 2 Dept. 2001)

Alan Gettner, etc., et al., respondents, v. Getty Oil Company, et al., appellants.

2000-03805

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

July 16, 2001

Robert G. Del Gadio, Uniondale, N.Y. (Lawrence S. Novak of counsel), for appellants.

Jeffrey A. Jannuzzo, New York, N.Y., for respondents.

In an action, inter alia, to recover damages for the discharge of petroleum in violation of Navigation Law article 12, the defendants appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Westchester County (Scarpino, J.), dated March 31, 2000, as, upon remittitur from this court by decision and order dated November 15, 1999, to recalculate the plaintiffs' damages for lost rental income, awarded the plaintiffs the principal sum of $165,264.66 for lost rental income.

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

The doctrine of law of the case bars review of the contentions raised by the appellants on this appeal (see, Shroid Constr. v Datoma, 250 A.D.2d 590; Stokes v County of Suffolk, 63 A.D.2d 645). Thus, the Supreme Court's award for lost rental income, upon remittitur from this court on a prior appeal (see, Gettner v Getty Oil Co., 266 A.D.2d 342), was proper since the appellants do not dispute the accuracy of the mathematical calculations concerning that award.

O'BRIEN, J.P., FLORIO, FEUERSTEIN and SMITH, JJ., concur.