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Petitioner speaks Greek but not English, and Spyropoulos speaks
English and Greek.
Seawall and petitioner reached an agreement under which
petitioner would surrender his rights in rooms 103 and 141 to
Seawall. They memorialized their agreement in two separate
documents: A surrender agreement and a sublease agreement.
The surrender agreement, dated November 14, 1989, provided
that petitioner would surrender his rights in rooms 103 and 141
in exchange for, among other things, $300,000, $22,500 in legal
fees and expenses, and an apartment at 433 West 34th Street, New
York, New York (new apartment) rent free for 3 years. Petitioner
and Seawall's and Palm View's authorized representatives signed
the surrender agreement. Attached to the surrender agreement is
the affidavit of John Caramalis (Caramalis), which indicates that
he is fluent in conversational Greek, and he read and explained,
in the Greek language, all the material terms and conditions of
the surrender agreement to petitioner.
Seawall made two payments pursuant to the surrender
agreement. First, Seawall issued a check in the amount of
$25,000 to Spyropoulos to be held in escrow until petitioner
surrendered rooms 103 and 141 to Seawall. The escrow agreement
provided that $22,500 went to Spyropoulos for legal fees and
expenses and the remaining $2,500 belonged to petitioner.
Second, Seawall was to pay petitioner $297,500 when he
surrendered rooms 103 and 141 to Seawall.
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