Judge Larry D. Martin


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Plaintiffs moved for a preliminary injunction staying proceedings Holsey Holdings LLC commenced to recover possession of the first through third floors of the premises. LLC cross-moved for summary judgment dismissing the three causes of action, including a declaration conveyance of the premises between Holmes and Campbell, and then between Campbell and LLC, was void and Holmes the rightful owner. The court found LLC established its prima facie entitlement to judgment warranting dismissal of the claims, including the declaratory judgment as documentary evidence showed the first and second causes of action were barred by law of the case doctrine, among others. It stated plaintiffs’ fraudulent inducement claim against Campbell was dismissed, constituting law of the case. Plaintiffs argued Campbell agreed to re-convey the property back to Holmes in 2007, yet failed to do so but the court found such claim formed an insufficient basis to predicate a claim for fraudulent inducement. As Holmes did not seek to rescind the conveyance to Campbell and nor to assert her rights in the premises until commencement of this action in 2013, she either ratified the conveyance or was equitably estopped from contesting the transfer. LLC was granted summary judgment.