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New York Foundation for Senior Citizens, Inc. v. Ackerman

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


December 30, 2008

NEW YORK FOUNDATION FOR SENIOR CITIZENS, INC., ET AL., PETITIONERS-RESPONDENTS,
v.
NORMAN MACTAS ACKERMAN, RESPONDENT-APPELLANT.

Judgment, Supreme Court, New York County (Jane S. Solomon, J.), entered on or about May 30, 2008, terminating respondent's participation and discharging him from the Enriched Housing Program, evicting him and awarding possession of the premises to petitioner landlord, and directing respondent to pay petitioner Foundation the principal sum of $19,000, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Lippman, P.J., Gonzalez, Nardelli, Buckley, Acosta, JJ.

111987/07

Respondent knowingly and expressly accepted a stipulation settling petitioners' claims and his counterclaims. This stipulation, which fully resolved issues as to the validity of the fees allegedly unpaid by respondent and the contentions underlying his counterclaims, called for him to apply for a grant from a government agency and seek to relocate. After a hearing at which respondent was allowed to cross-examine petitioners' sworn witness while offering his own unsworn fact testimony and the comments of his family, it was properly determined that he had not fulfilled his obligations under the stipulation.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20081230

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