Holdover: Breach of Lease
Civil Court of the City of New York
New York (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
605 West 42nd Owner LLC
Benjamin Rodriguez, Hector Pena, John Doe, Jane Doe
Post-judgment Motion by Landlord
Tenant Substantially Won
Key Legal Points: The parties entered into a stipulation to settle a holdover proceeding, which included a probationary period during which the tenant agreed to refrain from certain conduct. The stipulation provided a process for either party to allege a material breach of the agreement and restore the proceeding to the court's calendar. The landlord sought to restore the proceeding based on the tenant's alleged breach of the stipulation, but the court found that the landlord's motion papers were insufficient to meet the requirements of the stipulation. The court denied the landlord's motion without prejudice, meaning the landlord could re-file the motion with proper papers.
"605 West 42nd Owner LLC v. Rodriguez" (2023). All Decisions. 1336.