1250 Broadway, 27th Floor New York, NY 10001

... AS A ROCK

rock_climbing_photo_nyreblog_com_.jpg765 Amsterdam Ave, LLC wanted to evict Leon Maynard from a rent-stabilized apartment, because he supposedly didn't have a right to occupy the space after the tenant-of-record had passed away.

After a holdover proceeding was started against Leon, the parties entered into an agreement which allowed the guy to remain in possession of the unit for a limited timeframe. Of course, right before he was supposed to leave, Leon asked the New York County Civil Court to vacate the underlying arrangement on the grounds of "duress."

When his request was denied, Leon appealed to the Appellate Term, First Department, which was reluctant to "cast aside" the agreement.

In the absence of exceptional circumstancs, which hadn't been shown, and in view of the fact that Leon received a "substantial benefit" for agreeing to the deal, the AT1 did him no solid ... and allowed the eviction to proceed.

Later Maynard!

00046622.gifTo view a copy of the Appellate Term's decision, please use this link: 765 Amsterdam Ave, LLC v. Maynard

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