ADAMS v. FOUNTAINS SENIOR PROPERTIES OF NEW YORK, INC.


38 A.D.3d 804 (2007)

834 N.Y.S.2d 208

BARBARA J. ADAMS, Respondent, v. FOUNTAINS SENIOR PROPERTIES OF NEW YORK, INC., Appellant.

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

Decided March 27, 2007.


Ordered that the judgment is modified, on the law, by adding thereto a provision prohibiting enforcement of the judgment against any asset of the defendant exclusive of pooled funds in accordance with the terms and conditions of the 1990 payment agreement and pursuant to paragraph 4 (C) of the defendant's second amendment to the restated offering plan and further limiting the plaintiff's enforcement, in the alternative, to the plaintiff's right of reacquisition of the real...

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