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GETTY PROPS. CORP. v. GETTY PETROLEUM MKTG. INC.

651762/12 401074/13. 4054. 401313/13. 401438/13. 4053A. 4053.

150 A.D.3d 541 (2017)

2017 NY Slip Op 04048

55 N.Y.S.3d 186

GETTY PROPERTIES CORP. et al., Respondents-Appellants, v. GETTY PETROLEUM MARKETING INC., Defendant, 1314 SEDGWICK AVE. LLC et al., Appellants-Respondents, and 1714 NEW YORK AVE., LLC, et al., Respondents. ONE PLEASANTVILLE ROAD LLC, Appellant, v. GETTY PROPERTIES CORP., Respondent. 1224 ROUTE 22 LLC et al., Appellants, v. GETTY PROPERTIES CORP., Respondent. 857 RT 6 MAHOPAC LLC et al., Appellants, v. GETTY PROPERTIES CORP., Respondent.

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

Decided May 18, 2017.

Defendants-appellants' challenge to the award of double use and occupancy is largely an impermissible attempt to relitigate issues that were resolved by this Court in two prior appeals (see Getty Props. Corp. v Getty Petroleum Mktg. Inc., 115 A.D.3d 616, 617 [1st Dept 2014], lv dismissed 23 N.Y.3d 1006 [2014]; Getty Props. Corp. v Getty Petroleum Mktg. Inc., 106 A...

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