Supreme Court of the State of New York
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
Slip Opinion Number
605 West 42nd Owner LLC
Hector Pena, Benjamin Rodriguez
Goetz, Paul A.
Landlord Post-judgment Motion
Motion Granted for Tenant
Tenant Substantially Won
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.
"605 W. 42nd Owner LLC v. Pena" (2024). All Decisions. 1319.