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EASTERN CONSOLIDATED PROPERTIES, INC. v. ADELAIDE REALTY CORP.

95 N.Y.2d 785 (2000)

732 N.E.2d 948

710 N.Y.S.2d 840

EASTERN CONSOLIDATED PROPERTIES, INC., Appellant, v. ADELAIDE REALTY CORP. et al., Respondents.

Court of Appeals of the State of New York.

Decided May 18, 2000.

Attorney(s) appearing for the Case

Kestenbaum, Dannenberg & Klein, L. L. P., New York City (Michael H. Klein and Jeffrey C. Dannenberg of counsel), for appellant.

Poles, Tublin, Patestides & Stratakis, L. L. P., New York City (William J. Brady, III, of counsel), for respondents.

Before: Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur in memorandum; Chief Judge KAYE concurs in a separate concurring opinion.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs. The certified question should not be answered upon the ground that it is unnecessary.

We decline to accept plaintiff's invitation to overrule Graff v Billet (64 N.Y.2d 899). Moreover, "the doctrine of stare decisis should not be departed from except under compelling circumstances" (Cenven, Inc. v Bethlehem...

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