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CROMWELL v. LE SANNOM BLDG. CORP.

222 A.D.2d 307 (1995)

636 N.Y.S.2d 257

Kathleen Cromwell et al., Respondents, v. Le Sannom Building Corp., Respondent, and S&R Properties of New York, Inc., Appellant

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

December 19, 1995

Contrary to defendant's contention, law of the case does not mandate the back use and occupancy payments it seeks. The deterioration of the building is a new development since the prior order directing plaintiffs to pay monthly use and occupancy into escrow (see, Solow v Wellner, 186 A.D.2d 21; Holloway v Cha Cha Laundry, 97 A.D.2d 385, 386). The consequences of this change cannot...

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