In our view, the District Court correctly awarded landlord a final judgment. Tenant's testimony as to her conversation with the prior owner's principal showed only that there was an agreement as to the amount of rent to be charged and was insufficient to establish that there was an agreement that she would have a right to renewal leases (cf.Carrano v Castro , 12 Misc 3d 5 [App Term, 2d 11th Jud Dists 2006] [a stipulation providing that the tenants would be entitled to all the rights of rent stabilization, including expressly renewal leases, would be enforced], affd 44 AD3d 1038). In addition, the use by landlord of a lease which mistakenly stated that the apartment, which was exempt, was subject to rent stabilization did not
October 30, 2007. In a holdover proceeding, the petitioner appeals, by permission, as limited by his brief, from so much of an order of the Appellate Term of the Supreme Court for the Second and Eleventh Judicial Districts, dated March 27, 2006 [ 12 Misc 3d 5], as (a) reversed a judgment of possession of the Civil Court of the City of New York, Kings County (Fiorella, Jr., J.), dated March 18, 2005, (b) vacated orders of the same court dated January 25, 2005, and March 18, 2005, which, inter alia, in effect, granted the petitioner's motion for summary judgment awarding him a final judgment of possession, dismissed the respondents' affirmative defenses, and denied that branch of the respondents' cross motion which was for summary judgment dismissing the petition, (c) denied the petitioner's motion for summary judgment, (d) granted that branch of the respondents' cross motion which was for summary judgment dismissing the petition, and (e) directed entry of a final judgment dismissing the petition. Ordered that the order is affirmed insofar as appealed from, with costs.