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RIVERSIDE SYNDICATE v. MUNROE

10 N.Y.3d 18 (2008)

882 N.E.2d 875

853 N.Y.S.2d 263

RIVERSIDE SYNDICATE, INC., Respondent, v. VICTORIA MUNROE et al., Appellants.

Court of Appeals of the State of New York.

Decided February 7, 2008.

Attorney(s) appearing for the Case

Emery Celli Brinckerhoff & Abady LLP, New York City (Eric Hecker and Richard D. Emery of counsel), and Vernon & Ginsburg, LLP (Darryl M. Vernon of counsel), for appellants.

Rosenberg & Estis, P.C., New York City (Jeffrey Turkel and Gary M. Rosenberg of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur.

OPINION OF THE COURT

SMITH, J.

We hold that an agreement by tenants to pay an illegal rent for a rent-stabilized apartment, in exchange for an agreement by the landlord to let the tenants use the apartment as a second home, is void and cannot be enforced by either party.

Facts and Procedural History

The tenants, Victoria Munroe and Eric Saltzman, rented three apartments (apparently combined...

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