Case Type

Other

Housing Type

Rent Stabilized

Court

Supreme Court of the State of New York

County

New York County (Manhattan)

L&T / Index / Case / Docket / Clerk's Number

651035/2026

Petitioner

Uri Rosin

Respondent

Karin Graso

Judge

Clynes, James G.

Decision/Order Date

2026-07-22

Posture

Pre-Answer Motion by Landlord

Disposition

Motion Denied for Landlord

Winner

Tenant Substantially Won

Synopsis

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.

Keywords

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

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