114 WEST 26TH STREET ASSOCIATES LP v. FORTUNAK


22 A.D.3d 346 (2005)

801 N.Y.S.2d 895

114 WEST 26TH STREET ASSOCIATES LP, Respondent, v. GEORGINE FORTUNAK et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

October 18, 2005.


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...

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