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MATTER OF CASTALDO

209 A.D.2d 945 (1994)

619 N.Y.S.2d 981

In the Matter of the Arbitration between Joseph D. Castaldo et al., Respondents-Appellants, and Lloyd D. Harrington, Doing Business as Harr-Wood Nursing Home, Appellant-Respondent. (Action No. 1.) Lloyd D. Harrington, Doing Business as Harr-Wood Nursing Home, Appellant, v. Joseph D. Castaldo et al., Respondents. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 16, 1994

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying plaintiff's motion in action No. 2 for an injunction pursuant to First Natl. Stores v Yellowstone Shopping Ctr. (21 N.Y.2d 630, rearg denied 22 N.Y.2d 827). Plaintiff met the criteria set forth in Stuart v D & D Assocs. (

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