Excelsior 57th Corp. v. Gladstone

Appellate Division of the Supreme Court of New York

Excelsior 57th Corp. v. Gladstone

256 A.D.2d 127, 681 N.Y.S.2d 755, 1998 N.Y. App. Div. LEXIS 13275

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

DecidedDecember 10, 1998

StatusPublished

This text of 256 A.D.2d 127 (Excelsior 57th Corp. v. Gladstone) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Excelsior 57th Corp. v. Gladstone, 256 A.D.2d 127, 681 N.Y.S.2d 755, 1998 N.Y. App. Div. LEXIS 13275 (N.Y. Ct. App. 1998).

Pincite

Opinion

—Order, Supreme Court, New York County (Edward Lehner, J.), entered March 6, 1998, which granted plaintiff’s motion to enforce the parties’ settlement agreement to the extent of directing defendants to release to plaintiff certain funds, held in escrow by their attorney under that agreement, unanimously affirmed, with costs.

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 [128]*128defendants 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.

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—Order, Supreme Court, New York County (Edward Lehner, J.), entered March 6, 1998, which granted plaintiff’s motion to enforce the parties’ settlement agreement to the extent of directing defendants to release to plaintiff certain funds, held in escrow by their attorney under that agreement, unanimously affirmed, with costs.

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 [128]*128defendants 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.

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Bluebook (online)

256 A.D.2d 127, 681 N.Y.S.2d 755, 1998 N.Y. App. Div. LEXIS 13275, Counsel Stack Legal Research, https://law.counselstack.com/opinion/excelsior-57th-corp-v-gladstone-nyappdiv-1998.