Excelsior 57th Corp. v. Gladstone

Full title: EXCELSIOR 57th CORP., Respondent, v. LUCILLE GLADSTONE et al., Appellants

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 10, 1998

256 A.D.2d 127 (N.Y. App. Div. 1998)

681 N.Y.S.2d 755

Opinion

December 10, 1998

Appeal from the Supreme Court, New York County (Edward Lehner, J.).

Because the record demonstrates full performance of every provision of the court-ordered stipulation by plaintiff and its Board, the proposed Modification Agreement tendered by defendants was without any legal justification, and a nullity as far as relieving defendants from their obligation to release the escrow funds.

Concur — Sullivan, J. P., Milonas, Wallach, Williams and Mazzarelli, JJ.