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ROSE OCKO FOUNDATION, INC. v. LEBOVITS

259 A.D.2d 685 (1999)

686 N.Y.S.2d 861

ROSE OCKO FOUNDATION, INC., Respondent-Appellant, v. YECHIEL LEBOVITS et al., Appellants-Respondents, and SIDNEY SCHWARTZ, Respondent-Appellant. ELIOT L. SPITZER, Attorney General of the State of New York, Nonparty Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided March 22, 1999.

Ordered that the judgment is affirmed insofar as appealed and cross-appealed from, with one bill of costs payable to the plaintiff by the defendants appearing separately and filing separate briefs.

The plaintiff, Rose Ocko Foundation, Inc. (hereinafter the Foundation), was incorporated as a Type B not-for-profit corporation in 1978. The principal purpose of the Foundation was to construct and operate a facility for the care of resident and non-resident elderly Jewish...

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