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437 PALISADE AVE. REALTY v. BOYD

Supreme Court, Appellate Term, Second Department.
May 15, 1984

MEMORANDUM.

Judgment affirmed, without costs.

Since the stipulation was entered into on the record, on the advice of counsel, and in settlement of a bona fide dispute, the "no-waiver" provisions of section 11 of the Emergency Tenant Protection Act (L 1974, ch 576, ยง 4) and section 2500.12 of the Emergency Tenant Protection Regulations (9 N.Y.CRR) are not applicable (see Matter of Matinzi v Joy, 60 N.Y.2d 835; Hill v Wek Capital Corp., 4 A.D.2d 615; Rega v Joy, NYLJ, Aug. 25, 1982, p 11, col 1). Furthermore, the circumstances are not such as to warrant relieving tenant from the terms of the stipulation (see Hill v Wek Capital Corp., supra).

FARLEY, P.J., SLIFKIN and GEILER, JJ., concur.