JAZILEK v. ABART HOLDINGS LLC

187 SSM 21.

2008 NY Slip Op 05963

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

Submitted by Robert E. Sokolski, for appellant.

Submitted by Anthony F. LeCrichia, for respondent.

Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.


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 limit under the Rent Stabilization...

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