Merwest Realty Corp. v. Prager

McCooe, J. P.

(dissenting). I respectfully dissent. The issue is whether the parties’ surrender agreement is valid. The majority finds that it violates New York City Rent and Rehabilitation Law (Administrative Code of City of NY) § 26-408 (a), which provides in pertinent part: “No tenant, so long as he or she continues to pay the rent to which the landlord is entitled, shall be removed from any housing accommodation which is subject to rent control under this chapter * * * notwithstanding any contract * * * entered into which provides for surrender of possession” except on grounds not…