Case Type
Holdover-Nuisance
Housing Type
Market Rate
Court
Supreme Court of the State of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
151686/2022
Slip Opinion Number
30134(U)
Petitioner
605 West 42nd Owner LLC
Respondent
Hector Pena, Benjamin Rodriguez
Judge
Goetz, Paul A.
Decision/Order Date
2024-01-12
Posture
Landlord Post-judgment Motion
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
Landlord sought to eject tenant from apartment due to nuisance behavior after receiving complaints. Tenant argued settlement agreement in Housing Court resolved the issue. Court agreed, vacated default judgment against tenant, and ordered landlord to restore possession. Key Legal Points: Settlement agreements have res judicata effect and can bar subsequent litigation on the same issues. Default judgments can be vacated if based on an invalid settlement agreement.
Recommended Citation
"605 W. 42nd Owner LLC v. Pena" (2024). All Decisions. 1319.
https://ir.lawnet.fordham.edu/housing_court_all/1319
