114 West 26th Street Associates LP v. Fortunak

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…