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

Appellate Division of the Supreme Court of New York

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

57 A.D.3d 408, 869 N.Y.2d 341

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 30, 2008

StatusPublished

This text of 57 A.D.3d 408 (New York Foundation for Senior Citizens, Inc. v. Ackerman) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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New York Foundation for Senior Citizens, Inc. v. Ackerman, 57 A.D.3d 408, 869 N.Y.2d 341 (N.Y. Ct. App. 2008).

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Opinion

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. Concur — Lippman, EJ., Gonzalez, Nardelli, Buckley and Acosta, JJ.

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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. Concur — Lippman, EJ., Gonzalez, Nardelli, Buckley and Acosta, JJ.

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Bluebook (online)

57 A.D.3d 408, 869 N.Y.2d 341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-york-foundation-for-senior-citizens-inc-v-ackerman-nyappdiv-2008.