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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Liggett v. Lew Realty LLC, 42 N.Y.3d 415 (2024)

Citation
Liggett v. Lew Realty LLC, 42 N.Y.3d 415 (2024)
Parent Document
Liggett v. Lew Realty LLC, 42 N.Y.3d 415 (2024)
Jurisdiction
New York (state)
Effective Date
2024-06-20

Full Text

709 chars
By securing McKinney's explicit agreement "not to challenge the rent," the stipulation waived his right to file an FMRA. That bargain circumvented the statutory process, and consequently the stipulation is void in its entirety as a matter of law (9 NYCRR 2520.13; see also Jazilek v Abart Holdings LLC, 10 NY3d 943, 944 [2008]; Riverside Syndicate, Inc. v Munroe, 10 NY3d 18, 22 [2008]). Because the stipulation is void, Lew Realty's registration statement based on the stipulation is as well, and therefore "neither party is entitled to rely on it" (id. at 24) and it cannot serve as the basis for deregulation. It remains to be determined whether the apartment was properly deregulated on some other ground.