VEDIC HERITAGE, INC. v. PATEL, 232 A.D.2d 477 [2d Dept 1996]

648 N.Y.S.2d 173

VEDIC HERITAGE, INC., Respondent, v. MANOJ K. PATEL, Appellant.

Appellate Division of the Supreme Court of the State of New York

Second Department

October 15, 1996

Appeal from the Supreme Court, Nassau County (Robbins, J.).

Ordered that the order is affirmed, with costs.

This case was before this Court on a previous occasion. In affirming the three above-mentioned orders of the Supreme Court dated June 15, 1994, September 13, 1994, and February 8, 1995, respectively, we held that the defendant, as a suspended attorney, was not entitled to a lien on the plaintiff's files; that Nassau County was an appropriate venue; and that the defendant was properly held in contempt for failing to comply with the court's orders directing him to return the plaintiffs files in his possession (see, Vedic Heritage v. Patel, 224 A.D.2d 517).

On this appeal the defendant seeks to raise again the same issues that were decided by this Court on the previous appeals. The doctrine of the law of the case is therefore applicable (see, Corporate Prop. Investors v. Board of Assessors, 203 A.D.2d 317; Transamerica Commercial Fin. Corp. v. Matthews of Scotia, 198 A.D.2d 569), and the order must be affirmed on the basis of our prior determination of those issues.

In view of the defendant's conduct in bringing the motion leading to the order on appeal despite the fact that the Supreme Court had at least twice before denied identical relief in prior motions, the Supreme Court acted within its discretion in imposing sanctions against the defendant for engaging in frivolous conduct.

Bracken, J.P., Krausman, Goldstein and Luciano, JJ., concur.