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JAZILEK v. ABART HOLDINGS LLC

10 N.Y.3d 943 (2008)

893 N.E.2d 132

862 N.Y.S.2d 854

ROGER JAZILEK, Appellant, v. ABART HOLDINGS LLC, Respondent.

Court of Appeals of the State of New York.

Decided July 1, 2008.

Attorney(s) appearing for the Case

Sokolski & Zekaria, P.C., New York City (Robert E. Sokolski of counsel), for appellant.

Anthony F. LeCrichia, New York City, for respondent.

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

OPINION OF THE COURT

MEMORANDUM.

The Appellate Division order should be reversed, with costs, and the case remitted to Supreme Court for further proceedings in accordance with this memorandum.

After tenant-of-record surrendered possession of a rent-stabilized apartment, landlord entered into a so-ordered stipulation with tenant, who had been subletting the apartment, for an unregulated lease purporting to fix rent at a sum that exceeded the legal...

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