Southside Development Co. v. Mitchell

Order and judgment (one paper) of the Supreme Court, New York County (Beatrice Shainswit, J.), entered May 8, 1989, granting plaintiff summary judgment severing the first and third causes of action, awarding plaintiff possession of the subject premises, ordering an inquest regarding the market value of use and occupancy and denying defendant Kaplan’s cross motion for an order extending time to file to a late answer nunc pro tunc, unanimously affirmed, without costs.

Defendant has failed to bear his burden of demonstrating a meritorious defense for relief from his default (Guido v New York Tel.…