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ROCKY 116 L.L.C., PETITIONER-RESPONDENT, v. STANLEY WESTON, ETC., RESPONDENT-APPELLANT, MRS. STANLEY WESTON, ET AL., RESPONDENTS-UNDERTENANTS.

While ordinarily an agreement or stipulation between a prior landlord and tenant is binding on a successor landlord, regardless of whether it is contained in the lease or rider, the motion to dismiss, which was based on petitioner's predecessor's waiver of the primary residence requirement in a so-ordered stipulation with respondent settling a prior summary proceeding, was properly denied on the ground that the stipulation waiving the primary residence requirements of the Rent Stabilization Law is against public policy and unenforceable (Park Towers S. Co. v. Universal Attractions, 274 A.D.2d 312).

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ROCKY 116 L.L.C. v. WESTON
(Jun 7, 2001)