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

CourtNew York Supreme Court Appellate Division
Writing for the CourtTOM, J.P., SAXE, CATTERSON, MOSKOWITZ, ACOSTA, JJ.
Citation926 N.Y.S.2d 100,2011 N.Y. Slip Op. 05639,85 A.D.3d 695
Decision Date30 June 2011
PartiesGRAND MANOR HEALTH RELATED FACILITY, INC., Plaintiff–Respondent,v.HAMILTON EQUITIES, INC., et al., Defendants–Appellants.

85 A.D.3d 695
926 N.Y.S.2d 100
2011 N.Y. Slip Op. 05639

GRAND MANOR HEALTH RELATED FACILITY, INC., Plaintiff–Respondent,
v.
HAMILTON EQUITIES, INC., et al., Defendants–Appellants.

Supreme Court, Appellate Division, First Department, New York.

June 30, 2011.


[926 N.Y.S.2d 100]

Macron & Cowhey, P.C., New York (John J. Macron of counsel), for appellants.Neiman & Mairanz, P.C., New York (Marvin Neiman of counsel), for respondent.TOM, J.P., SAXE, CATTERSON, MOSKOWITZ, ACOSTA, JJ.

Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered October 27, 2010, which, inter alia, granted plaintiff's motion for a preliminary injunction enjoining defendants from taking any action against it with respect to the subject lease, unanimously affirmed, without costs.

The law of the case doctrine is inapplicable here, since there is no evidence that the motion court purported to overrule or modify any of this Court's prior orders concerning the parties ( see Kenney v. City of New York, 74 A.D.3d 630, 631, 903 N.Y.S.2d 53 [2010] ). The sole issue determined by the motion court was plaintiff's entitlement to a preliminary injunction; the court did not address any previously litigated issue regarding the parties' stipulated Yellowstone injunction.

We find that plaintiff demonstrated a likelihood of success on the merits. Plaintiff also established a danger of irreparable harm in the absence of the requested relief and a balance of the equities in its favor ( see Nobu Next Door, LLC v. Fine Arts Hous., Inc., 4 N.Y.3d 839, 800 N.Y.S.2d 48, 833 N.E.2d 191 [2005] ). Without the injunction, plaintiff, which operates a residential health care facility, would be at risk of losing its valuable leasehold and incurring significant permanent damage to more than 30 years of hard-earned goodwill ( see Concourse Rehabilitation & Nursing Ctr., Inc. v. Gracon Assoc., 64 A.D.3d 405, 881 N.Y.S.2d 293 [2009]; GFI Sec., LLC v. Tradition Asiel Sec., Inc., 61 A.D.3d 586, 878 N.Y.S.2d 689 [2009] ).

We have considered defendants' remaining contention and find it without merit.

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4 practice notes
  • FTBK Investor II LLC v. Genesis Holding LLC, 810163/2011
    • United States
    • United States State Supreme Court (New York)
    • August 19, 2014
    ...their elements in a proposed verified amended answer or supporting them with other admissible evidence. Anoun v. City of New York, 85 A.D.3d at 695, 926 N.Y.S.2d 98 ; CDR Créances S.A.S. v. Cohen, 77 A.D.3d 489, 490, 909 N.Y.S.2d 697 (1st Dep't 2010) ; Guzman v. Mike's Pipe Yard, 35 A.D.3d ......
  • Glynos v. Dorizas, Index No. 113984/2011
    • United States
    • United States State Supreme Court (New York)
    • March 6, 2015
    ...their elements in a proposed verified amended answer or supporting them with other admissible evidence. Anoun v. City of New York, 85 A.D.3d at 695; CDR Créances S.A.S. v. Cohen, 77 A.D.3d 489, 490 (1st Dep't 2010); Guzman v. Mike's Pipe Yard, 35 A.D.3d at 266.I. DEFENDANT'S PROPOSED TENTH ......
  • Ciminello Prop. Assocs. v. New 970 Colgate Ave. Corp., 9553N
    • United States
    • New York Supreme Court Appellate Division
    • June 6, 2019
    ...Inc., 61 A.D.3d 586, 586, 878 N.Y.S.2d 689 [1st Dept. 2009] ; cf. Grand Manor Health Related Facility, Inc. v. Hamilton Equities, Inc., 85 A.D.3d 695, 695, 926 N.Y.S.2d 100 [1st Dept. 2011]...
  • Anoun v. the City of N.Y.
    • United States
    • New York Supreme Court Appellate Division
    • June 30, 2011
    ...reasons, plaintiff's claims of estoppel are unfounded ( see Baje Realty Corp. v. Cutler, 32 A.D.3d 307, 310, 820 N.Y.S.2d 57 [2006] ). [85 A.D.3d 695] Although it may ultimately be found that defendant participates in the park's operation or retains some control over it, that does not warra......
4 cases
  • FTBK Investor II LLC v. Genesis Holding LLC, 810163/2011
    • United States
    • United States State Supreme Court (New York)
    • August 19, 2014
    ...their elements in a proposed verified amended answer or supporting them with other admissible evidence. Anoun v. City of New York, 85 A.D.3d at 695, 926 N.Y.S.2d 98 ; CDR Créances S.A.S. v. Cohen, 77 A.D.3d 489, 490, 909 N.Y.S.2d 697 (1st Dep't 2010) ; Guzman v. Mike's Pipe Yard, 35 A.D.3d ......
  • Glynos v. Dorizas, Index No. 113984/2011
    • United States
    • United States State Supreme Court (New York)
    • March 6, 2015
    ...their elements in a proposed verified amended answer or supporting them with other admissible evidence. Anoun v. City of New York, 85 A.D.3d at 695; CDR Créances S.A.S. v. Cohen, 77 A.D.3d 489, 490 (1st Dep't 2010); Guzman v. Mike's Pipe Yard, 35 A.D.3d at 266.I. DEFENDANT'S PROPOSED TENTH ......
  • Ciminello Prop. Assocs. v. New 970 Colgate Ave. Corp., 9553N
    • United States
    • New York Supreme Court Appellate Division
    • June 6, 2019
    ...Inc., 61 A.D.3d 586, 586, 878 N.Y.S.2d 689 [1st Dept. 2009] ; cf. Grand Manor Health Related Facility, Inc. v. Hamilton Equities, Inc., 85 A.D.3d 695, 695, 926 N.Y.S.2d 100 [1st Dept. 2011]...
  • Anoun v. the City of N.Y.
    • United States
    • New York Supreme Court Appellate Division
    • June 30, 2011
    ...reasons, plaintiff's claims of estoppel are unfounded ( see Baje Realty Corp. v. Cutler, 32 A.D.3d 307, 310, 820 N.Y.S.2d 57 [2006] ). [85 A.D.3d 695] Although it may ultimately be found that defendant participates in the park's operation or retains some control over it, that does not warra......

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