Morrison Cohen, LLP v. Fink

*515Plaintiff is correct that the conditional vacatur order was based solely on CPLR 317 grounds. Thus, this Court’s conclusion, in its February 2011 order (Morrison Cohen LLP v Fink, 81 AD3d 467 [2011]), that defendant failed to demonstrate a CPLR 317 claim for vacatur became law of the case, as “[a]n appellate court’s resolution of an issue on a prior appeal constitutes the law of the case and is binding on the Supreme Court, as well as on the appellate court. . . [and] operates to foreclose re-examination of [the] question absent a showing of subsequent evidence or change of law” (Kenney v…