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MATTER OF ROMERO v. MARTINEZ

280 A.D.2d 58 (2001)

721 N.Y.S.2d 17

In the Matter of JULIA ROMERO, Petitioner, v. JOHN G. MARTINEZ, as Chair of the New York City Housing Authority, et al., Respondents.

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

February 8, 2001.

Attorney(s) appearing for the Case

Karen Cacace of counsel, New York City (David W. Weschler and Jaya K. Madhavan on the brief; The Legal Aid Society, attorney), for petitioner.

Byron S. Menegakis of counsel, New York City (Steven J. Rappaport on the brief; Jeffrey Schanback, General Counsel, New York City Housing Authority, attorney), for respondents.

SULLIVAN, P.J., ANDRIAS, WALLACH and FRIEDMAN, JJ., concur.

OPINION OF THE COURT

SAXE, J.

Petitioner, a tenant of a Federally funded public housing development, stipulated, following an assault by one of her sons against a fellow tenant, that the son would not be permitted to reside in or to visit her apartment. She now takes the position that the stipulation is unenforceable to the extent it prohibits any visitation. Despite earlier cases which include, in dicta, the sweeping assertion that a provision prohibiting...

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