Justice Melvin Schweitzer
Landlord was involved in disputes with defendants, sublessees of gasoline stations leased from landlord's immediate lessee, Getty Petroleum Marketing, under a master lease. Defendants were ordered to vacate the sites after the master lease and subleases were terminated. Landlord sued for ejectment and money damages after defendants failed to turn over possession. It also sought sanctions for defendants' alleged failure to comply with court orders to deposit funds relating to use and occupancy damages. Defendants sought to vacate or modify the court's orders, moving for summary judgment. When defendants failed to comply with the court's order, landlord sought to enforce it, and the court granted a preliminary injunction giving landlord possession and a money damages award. Defendants appealed, but the Appellate Division affirmed the judgment, and the court found the relief sought by defendants was precluded under law of the case doctrine. Further, the court ruled as landlord obtained a judgment of possession, which was affirmed, the ejectment order was law of the case, as was the claim for use and occupancy, thus it showed entitlement to such relief. The court sanctioned defendants and the guarantor for violation of two court orders.
