Peri Formwork Systems, Inc. v. Lumbermens Mutual Casualty Co.

OPINION OF THE COURT

Chambers, J.

During a nonjury trial in this action, the plaintiff argued *173that, under the doctrine of law of the case, it was not required to prove the amount it was owed on its mechanic’s liens because this Court had previously determined that issue on a prior appeal (see Peri Formwork Sys., Inc. v Lumbermens Mut. Cas. Co., 65 AD3d 533 [2009]). After the trial, the Supreme Court adopted the plaintiffs argument. This was error because this Court did not resolve that issue on the prior appeal. Since the plaintiff failed to carry its burden of proving the amount it was owed on…