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390 W. END ASSOC. v. HAREL

298 A.D.2d 11 (2002)

744 N.Y.S.2d 412

390 WEST END ASSOCIATES, Appellant, v. EZRA HAREL, Respondent.

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

July 11, 2002.

Attorney(s) appearing for the Case

Magda L. Cruz of counsel (Jay H. Berg and Howard Wenig on the brief; Belkin Burden Wenig & Goldman, LLP, attorneys), for appellant.

H. Richard Penn of counsel (Daniel J. Ansell on the brief; Greenberg Traurig, L.L.P., attorneys), for respondent.

WILLIAMS, P.J., MAZZARELLI, ROSENBERGER and ELLERIN, JJ., concur.

OPINION OF THE COURT

TOM, J.

The lease at issue on this appeal is essentially the same as leases which we have previously held to be void ab initio as against public policy violative of Rent Stabilization Law; in furtherance of this policy we have even invalidated leases in the very building in question. Hence, consistent with those rulings, we must reverse the Supreme Court order and grant plaintiff's motion to vacate a prior consent judgment which deregulated...

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