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MERWEST REALTY v. PRAGER

177 Misc.2d 956 (1998)

679 N.Y.S.2d 519

Merwest Realty Corp., Appellant, v. Fran Prager, Respondent, et al., Respondents.

Supreme Court, Appellate Term, First Department.

August 5, 1998

Attorney(s) appearing for the Case

Belkin Burden Wenig & Goldman, L. L. P., New York City (Sherwin Belkin, Magda L. Cruz and Jay H. Berg of counsel), for appellant. Himmelstein, McConnell, Gribben & Donoghue, New York City (Samuel J. Himmelstein of counsel), for respondent.

FREEDMAN and GONZALEZ, JJ., concur; McCOOE, J. P., dissents in a separate memorandum.

Per Curiam.

Order entered August 15, 1997 affirmed, with $10 costs.

Adopting the analysis of Judge Marcy Friedman at the Civil Court (173 Misc.2d 868), we agree that the parties' private agreement requiring the tenant to surrender possession of her rent-controlled apartment was void ab initio and cannot serve as a predicate for eviction under this holdover petition...

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