Markakis v. Hubig

Appellate Terms of the Supreme Court of New York

Markakis v. Hubig

68 Misc. 2d 196, 327 N.Y.S.2d 401, 1970 N.Y. Misc. LEXIS 1031

Appellate Terms of the Supreme Court of New York·Decided December 21, 1970·Published·Cited by 2 cases

Opinion

Per Curiam.

Tenant’s agreement to vacate the controlled

housing accommodations here involved was void (New York City Rent, Eviction and Rehabilitation Regulations, § 17). The protection afforded by the emergency rent laws may not be defeated by invoking equitable estoppel or an alleged third-party beneficiary contract (Moncel Realty Corp. v. Whitestone Farms, 188 Misc. 431, affd. 272 App. Div. 899; Morris v. Flint & Bradley, 99 N. Y. S. 2d 126, affd. 277 App. Div. 1025).

The final judgment should be unanimously reversed, without costs, and petition dismissed.

Concur — Croat, P. J., Schwartzwald and Margbtt, JJ.

Final judgment reversed, etc.

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Per Curiam.

Tenant’s agreement to vacate the controlled

housing accommodations here involved was void (New York City Rent, Eviction and Rehabilitation Regulations, § 17). The protection afforded by the emergency rent laws may not be defeated by invoking equitable estoppel or an alleged third-party beneficiary contract (Moncel Realty Corp. v. Whitestone Farms, 188 Misc. 431, affd. 272 App. Div. 899; Morris v. Flint & Bradley, 99 N. Y. S. 2d 126, affd. 277 App. Div. 1025).

The final judgment should be unanimously reversed, without costs, and petition dismissed.

Concur — Croat, P. J., Schwartzwald and Margbtt, JJ.

Final judgment reversed, etc.

Markakis v. Hubig, 68 Misc. 2d 196, 327 N.Y.S.2d 401, 1970 N.Y. Misc. LEXIS 1031 (N.Y. Ct. App. 1970).

Pincite

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Opinion

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