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PHILIPPOS MARKAKIS, Respondent, v. "JOHN" HUBIG, Appellant

Per Curiam.

Tenant's agreement to vacate the controlled housing accommodations here involved was void (New York City Rent, Eviction and Rehabilitation Regulations, § 17). The protection afforded by the emergency rent laws may not be defeated by invoking equitable estoppel or an alleged third-party beneficiary contract ( Moncel Realty Corp. v. Whitestone Farms, 188 Misc. 431, affd. 272 App. Div. 899; Morris v. Flint Bradley, 99 N.Y.S.2d 126, affd. 277 App. Div. 1025).

The final judgment should be unanimously reversed, without costs, and petition dismissed.

Concur — GROAT, P.J., SCHWARTZWALD and MARGETT, JJ.

Final judgment reversed, etc.

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MARKAKIS v. HUBIG
(Dec 21, 1970)