114 West 26th Street Associates LP v. Fortunak

22 A.D.3d 346, 801 N.Y.S.2d 895

Opinion

Order, Supreme Court, New York County (Louis B. York, J.), entered May 19, 2004, which granted plaintiffs motion for entry of a default judgment, denied defendants’ cross motion for an extension of time to answer the complaint, and referred the matter to a special referee to hear and determine, unanimously affirmed, with costs.

The IAS court properly exercised its discretion in granting the motion of plaintiff landlord for a default judgment against defendant guarantors based on its finding that defendants failed to demonstrate a justifiable excuse for their delay in answering the complaint seeking to enforce defendants’ guarantee of the tenant’s lease obligations, and that defendants failed to establish a meritorious defense. Their defenses had been previously rejected by the Civil Court, New York County in 114 W. 26th St. Assoc., L.P. v Metropolis Fencing Sports Ctr., LLC (Index No. 080711/03), where it was determined that the tenant, with whom defendant guarantors are in privity, and of whom they are principals, lacked any defense to the landlord’s nonpayment petition (CPLR 3012 [d]). Concur—Marlow, J.P., Ellerin, Williams, Catterson and McGuire, JJ.