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DRUCKER v. MAURO

30 A.D.3d 37 (2006)

814 N.Y.S.2d 43

JOHN H. DRUCKER et al., Respondents, v. JOHN T. MAURO, Appellant.

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

April 20, 2006.

Attorney(s) appearing for the Case

Finkelstein Newman LLP, New York City (Barry Gottlieb and Lucas A. Ferrara of counsel), for appellant.

Irwin, Lewin, Cohn & Lewin, P.C., New York City (Edward Cohn of counsel), for respondents.

MAZZARELLI and GONZALEZ, JJ., concur with TOM, J.P.; ANDRIAS and FRIEDMAN, JJ., dissent in a separate opinion by ANDRIAS, J.

OPINION OF THE COURT

TOM, J.P.

At issue on this appeal is whether plaintiff tenants can enforce a lease and rider incorporating the terms of a stipulated settlement agreement that, while not in compliance with the provisions of the Rent Stabilization Law, is favorable to the tenants' interests. In keeping with well-established precedent, this Court holds that an agreement in purported or actual settlement...

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