THI of Illinois at Brentwood, LLC v. CAM-Brentwood, LLC

Order, Supreme Court, New York County (O. Peter Sherwood, J.), entered December 2, 2011, which adopted the report and recommendation of the special master and directed plaintiffs to provide certain information and materials and submit to an audit, unanimously affirmed, without costs.

Plaintiffs failed to preserve their current appellate claim that the court should have issued a Yellowstone injunction instead of adopting the special master’s report, and we decline to review it in the interest of justice. The record shows that plaintiffs consented to the procedure employed by the court, fully…