Metropolitan Steel Industries, Inc. v. Rosenshein Hub Development Corp.

—Order, Supreme Court, New York County (Charles Ramos, J.), entered January 9, 1998, which, insofar as appealed from, granted plaintiffs motion for a default judgment to the extent of awarding judgment on the issue of liability and directing a hearing on the issue of damages and denied defendant’s cross motion to vacate its default in appearing, unanimously affirmed, with costs.

A default judgment is warranted because of defendant’s failure to show that it did not receive notice of the action in time to defend, as required by CPLR 317. Completely absent from defendant’s opposition is any…