Jazilek v. Abart Holdings LLC, 893 N.E.2d 132 (NY 2008). · Go Syfert
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Jazilek v. Abart Holdings LLC, 893 N.E.2d 132 (NY 2008). Cases Citing This Book View Copy Cite
15 citation events (15 in the last 25 years) across 4 distinct courts.
Strongest positive: Chang v. Guzman (nycivctqueens, 2024-11-29)
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) Chang v. Guzman
Civ. Ct. NYC, Queens Cty. · 2024 · confidence medium
While the court finds that the defenses based on lack of proper service of the predicate notice and/or the notice of petition and petition were equitably waived within the context of a bargained-for exchange where respondent obtained 5-plus months to vacate, the defense of rent stabilization coverage cannot be waived ( see Rent Stabilization Code (RSC) § 2520.13 (9 NYCRR § 2520.13) ["An agreement by the tenant to waive the benefit of any provision of the RSL [Rent Stabilization Law] or this Code is void[.]"]; Liggett v. Lew Realty LLC , 2024 NY Slip Op 03378 , *2 [2024]; Jazilek v. Abart Hol…
discussed Cited as authority (rule) Chang v. Guzman
Civ. Ct. NYC, Queens Cty. · 2024 · confidence medium
While the court finds that the defenses based on lack of proper service of the predicate notice and/or the notice of petition and petition were equitably waived within the context of a bargained-for exchange where respondent obtained 5-plus months to vacate, the defense of rent stabilization coverage cannot be waived ( see Rent Stabilization Code (RSC) § 2520.13 (9 NYCRR § 2520.13) ["An agreement by the tenant to waive the benefit of any provision of the RSL [Rent Stabilization Law] or this Code is void[.]"]; Liggett v. Lew Realty LLC , 2024 NY Slip Op 03378 , *2 [2024]; Jazilek v. Abart Hol…
discussed Cited as authority (rule) Liggett v. Lew Realty LLC
N.Y. App. Div. · 2022 · confidence medium
However, as discussed below, the Court of Appeals has held that a stipulation that purports to waive rent stabilization rights is invalid regardless of the tenant's status ( Jazilek v Abart Holdings LLC , 10 NY3d 943, 944 [2008]; see also 9 NYCRR 2520.13).
discussed Cited as authority (rule) Altman v. 285 West Fourth, LLC
N.Y. App. Div. · 2015 · confidence medium
The 2005 stipulation “purported] to fix rent at a sum that exceeded the legal limit” under the Rent Stabilization Law (RSL), since the monthly rent of $2,488.62 exceeded the maximum allowable rent (Jazilek v Abart Holdings LLC, 10 NY3d 943, 944 [2008]).
cited Cited as authority (rule) Jazilek v. Abart Holdings, LLC
N.Y. App. Div. · 2010 · confidence medium
On a prior appeal, the Court of Appeals held that the “stipulation violates the Rent Stabilization Code and is void as against public policy” ( 10 NY3d 943, 944 [2008]).
discussed Cited as authority (rule) Berkovich v. Mostovaya
N.Y. App. Term. · 2009 · confidence medium
In cases such as this, involving stipulations entered into in the Housing Part of the Civil Court, the “[t]enant [is] not required to proceed in Housing Court” (Jazilek, 10 NY3d 943, 944 [2008]) but may assert the overcharge claim in a subsequent action.
discussed Cited "see, e.g." Liggett v. Lew Realty LLC
NY · 2024 · signal: see also · confidence medium
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]).
Retrieving the full opinion text from the archive…
ROGER JAZILEK, Appellant,
v.
ABART HOLDINGS LLC, Respondent.
New York Court of Appeals.
Jul 1, 2008.
893 N.E.2d 132
Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones Concur in Memorandum.
Cited by 8 opinions  |  Published

[*944] Sokolski & Zekaria, P.C., New York City (Robert E. Sokolski of counsel), for appellant.

Anthony F. LeCrichia, New York City, for respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The Appellate Division order should be reversed, with costs, and the case remitted to Supreme Court for further proceedings in accordance with this memorandum.

After tenant-of-record surrendered possession of a rent-stabilized apartment, landlord entered into a so-ordered stipulation with tenant, who had been subletting the apartment, for an unregulated lease purporting to fix rent at a sum that exceeded the legal limit under the Rent Stabilization Code. Although tenant was not "of-record" upon entering the agreement, the so-ordered stipulation violates the Rent Stabilization Code and is void as against public policy (see Riverside Syndicate, Inc. v Munroe, 10 NY3d 18 [2008]; Rent Stabilization Code [9 NYCRR] § 2520.13). Tenant was not required to proceed in Housing Court in this instance (see Riverside; see also Teitelbaum Holdings v Gold, 48 NY2d 51, 54 [1979]).

[*945] On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, etc.