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

Summary

The New York Appellate Division, First Department affirmed an order granting a preliminary injunction protecting a residential health care facility from adverse action concerning its lease. The court held that the law of the case doctrine did not apply and found that the plaintiff established likelihood of success, irreparable harm, and a favorable balance of equities.

Holdings

1. The law of the case doctrine was inapplicable because there was no evidence that Supreme Court purported to overrule or modify any prior Appellate Division order concerning the parties.
2. Plaintiff was entitled to a preliminary injunction because it demonstrated a likelihood of success on the merits, a danger of irreparable harm absent relief, and a balance of the equities in its favor.

Questions Presented

1. Whether the law of the case doctrine barred Supreme Court from granting the preliminary injunction.
2. Whether plaintiff established the elements required for a preliminary injunction, including likelihood of success on the merits, irreparable harm, and a balance of the equities in its favor.

Disposition

affirmed