
    Philippos Markakis, Respondent, v. “John” Hubig, Appellant.
    Supreme Court, Appellate Term, Second Department,
    December 21, 1970.
    
      
      Di Paola £ Gaseara (Anthony V. Gaseara of counsel), for appellant. Pearlman, Gottesman £ Apat (Burton J. Apat of counsel), for respondent.
   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 — Croat, P. J., Schwartzwald and Margbtt, JJ.

Final judgment reversed, etc.  