Appellate Terms of the Supreme Court of New York, 1970

Markakis v. Hubig

Appellate Terms of the Supreme Court of New York · Decided December 21, 1970

68 Misc. 2d 196; 327 N.Y.S.2d 401; 1970 N.Y. Misc. LEXIS 1031

Counsel

Di Paola £ Gaseara (Anthony V. Gaseara of counsel), for appellant. Pearlman, Gottesman £ Apat (Burton J. Apat of counsel), for respondent.

Cases that cite this one

1 later published case cites this decision.

Grasso v. Matarazzo (Appellate Terms of the Supreme Court of New York 1999)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

Tenant’s agreement to vacate the controlled

housing accommodations here involved was void (New York City Rent, Eviction and Rehabilitation Regulations, § 17). The protection afforded by the emergency rent laws may not be defeated by invoking equitable estoppel or an alleged third-party beneficiary contract (Moncel Realty Corp. v. Whitestone Farms, 188 Misc. 431, affd. 272 App. Div. 899; Morris v. Flint & Bradley, 99 N. Y. S. 2d 126, affd. 277 App. Div. 1025).

The final judgment should be unanimously reversed, without costs, and petition dismissed.

Concur — Croat, P. J., Schwartzwald and Margbtt, JJ.

Final judgment reversed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.