Webster Senior Building v. Davis

Synopsis

Post-eviction court grants tenant's OSC under RPAPL § 749(3) and restores tenant to possession forthwith. HRA one-shot-deal checks for rent arrears were mailed to wrong address after management companies changed. Court finds it inappropriate to keep tenant out of possession given HRA approval, tenant's age, longevity of rent stabilized tenancy, and the bureaucratic error. Warrant re-execution stayed pending HRA reissuance of checks.