3. Nothing contained herein shall deprive the court of the power to
stay or vacate such warrant for good cause shown prior to the execution
thereof, or to restore the tenant to possession subsequent to execution
of the warrant. In a judgment for non-payment of rent, the court shall
vacate a warrant upon tender or deposit with the court of the full rent
due at any time prior to its execution, unless the petitioner
establishes that the tenant withheld the rent due in bad faith.
Petitioner may recover by action any sum of money which was payable at
the time when the special proceeding was commenced and the reasonable
value of the use and occupation to the time when the warrant was issued,
for any period of time with respect to which the agreement does not make
any provision for payment of rent.