Markakis v. Hubig

Full title: PHILIPPOS MARKAKIS, Respondent, v. "JOHN" HUBIG, Appellant

Court: Supreme Court, Appellate Term, Second Department

Date published: Dec 21, 1970

68 Misc. 2d 196 (N.Y. App. Term 1970)

327 N.Y.S.2d 401

Opinion

December 21, 1970

Appeal from the Civil Court of the City of New York, County of Queens.

Di Paola Gazzara ( Anthony V. Gazzara of counsel), for appellant.

Pearlman, Gottesman Apat ( Burton J. Apat of counsel), for respondent.

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 — GROAT, P.J., SCHWARTZWALD and MARGETT, JJ.

Final judgment reversed, etc.