This memorandum is uncorrected and subject to revision before publication in the New York Reports.

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1 No. 187 SSM 21

Roger Jazilek, Appellant, v. Abart Holdings LLC, Respondent.

Submitted by Robert E. Sokolski, for appellant.

Submitted by Anthony F. LeCrichia, for respondent.

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 rentstabilized 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 v Munroe, 10 NY3d 18 [2008]; Rent Stabilization Code § 2350.13).

Tenant was not required to proceed in Housing Court in this instance (see Riverside; see also Teitelbaum Holdings, Ltd. v Gold, 48 NY2d 51, 54 [1979]).

On review of submissions pursuant to section 500.11 of the Rules,order reversed, with costs, and case remitted to Supreme Court, New York County, for further proceedings in accordance with the memorandum herein. Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

Decided July 1, 2008