ROCKY 116 L. L. C. v. WESTON


284 A.D.2d 139 (2001)

726 N.Y.S.2d 94

ROCKY 116, L. L. C., Respondent, v. STANLEY WESTON, Appellant, et al., Respondents.

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

Decided June 7, 2001.


While ordinarily an agreement or stipulation between a prior landlord and tenant is binding on a successor landlord, regardless of whether it is contained in the lease or rider, the motion to dismiss, which was based on petitioner's predecessor's waiver of the primary residence requirement in a so-ordered stipulation with respondent settling a prior summary proceeding, was properly denied on the ground that the stipulation waiving the primary residence requirements of the...

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