390 WEST END ASSOCIATES v. BARON


274 A.D.2d 330 (2000)

711 N.Y.S.2d 176

390 WEST END ASSOCIATES, Appellant, v. SHLOMO BARON, Respondent.

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

Decided July 13, 2000.


Plaintiff landlord seeks to vacate a consent judgment in which plaintiff and defendant prime tenant purported to waive the provisions of the Rent Stabilization Law. In July 1993, plaintiff commenced this action seeking a declaration that defendant's apartment was exempt from rent regulation because defendant was not using it as his primary residence. The parties entered into a settlement agreement whereby defendant consented to the entry of a judgment declaring that (a) the...

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