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

New York Found. for Senior Citizens, Inc. v Ackerman 2008 NY Slip Op 10197 [57 AD3d 408] December 30, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 11, 2009

New York Foundation for Senior Citizens, Inc., et al., Respondents,
v
Norman Mactas Ackerman, Appellant.

—[*1] Norman Mactas Ackerman, appellant pro se.

Kellner Herlihy Getty & Friedman, LLP, New York (Carol Anne Herlihy of counsel), for respondents.

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.

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