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Grand Manor Health Related Facility, Inc. v. Hamilton Equities Inc.

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


March 11, 2010

GRAND MANOR HEALTH RELATED FACILITY, INC., PLAINTIFF-RESPONDENT,
v.
HAMILTON EQUITIES INC., ET AL., DEFENDANTS-APPELLANTS.

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered September 29, 2009, which granted plaintiff's application to modify the Yellowstone injunction set forth in the parties' stipulation, unanimously reversed, on the law, without costs, and the application denied.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Mazzarelli, J.P., Saxe, Moskowitz, Acosta, Renwick, JJ.

301880/08

The IAS court improperly broadened the Yellowstone injunction set forth in the parties' so-ordered stipulation. This Court previously determined that the stipulation is an enforceable contract and cannot be revised by the IAS court (65 AD3d 445, 446-447 [2009]). Moreover, we specifically held that defendants' service of a 30-day notice on the ground that no lease exists did not violate the underlying stipulation. This Court's prior decision is binding because it is the law of the case (see generally In re Liquidation of Midland Ins. Co., __ AD3d __, 2010 NY Slip Op 209 [2010]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100311

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