Rent Stabilized

Supreme Court of the State of New York

New York County (Manhattan)

651035/2026

2026-07-22

Pre-Answer Motion by Landlord

Motion Denied for Landlord

Tenant Substantially Won

A landlord commenced a Supreme Court breach of contract action for unpaid rent against an 80-year-old bedbound rent-stabilized tenant, obtained an ex parte TRO ordering immediate payment, and then moved for ejectment when the tenant did not comply — all before the first court appearance. The court denied ejectment as a drastic remedy, citing the landlord's erroneous rental amount, the tenant's medical hardship, a habitability dispute, and the tenant's willingness to tender rent. The court vacated the TRO, permitted the tenant to interpose a late answer, and declined to transfer the proceeding to Housing Court.

Breach Of Contract Claim For Unpaid Rent; TRO For Rent Payment; Motion For Ejectment Based On Failure To Make Payment Pursuant To TRO; Ejectment Is A Drastic Remedy; TRO Vacated; Court Denies Transfer From Supreme To Housing Court; Service By Overnight Mail Appropriate Where OSC So Orders; Motion To Interpose Late Answer Granted

"Rosin v. Graso" (2026). All Decisions. 2360.
https://ir.lawnet.fordham.edu/housing_court_all/2360