Drucker v. Mauro
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Tom, J.P.
At issue on this appeal is whether plaintiff tenants can enforce a lease and rider incorporating the terms of a stipulated settlement agreement that, while not in compliance with the provisions of the Rent Stabilization Law, is favorable to the tenants’ interests. In keeping with well-established precedent, this Court holds that an agreement in purported or actual settlement of a landlord-tenant dispute which waives the benefit of a statutory protection is unenforceable as a matter of public policy, even if it benefits the tenant.
In November 1981, plaintiffs John…
2Cases cited16 opinions
- Mitchell v. New York HospitalNew York Court of Appeals · 1984
- Thornton v. BaronNew York Court of Appeals · 2005
- Manocherian v. Lenox Hill HospitalNew York Court of Appeals · 1994
- Dworman v. New York State Division of Housing & Community RenewalNew York Court of Appeals · 1999
- Estro Chemical Co. v. FalkNew York Court of Appeals · 1951
11 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
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- Partnership 92 LP v. State of New York Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2007
- Roberts v. Tishman Speyer Properties, L.P.Appellate Division of the Supreme Court of the State of New York · 2009
- 546 West 156th Street HDFC v. SmallsAppellate Division of the Supreme Court of the State of New York · 2007
34 more not listed; retrieve them via the Exa API.