premises under the lease. (See id. at 13.) Kletsman vacated the premises when the
lease expired on May 31, 2022. (NYSCEF No. 15 at ¶ 10.) Lyutershteyn held over
in the premises, without paying rent or U&O, until November 25, 2022. (Id.
at ¶ 2.)
Landlord brought this action against Kletsman and Lyutershteyn in November 2022.
(NYSCEF No. 1.) Landlord served Kletsman in December 2022 (NYSCEF No. 3); he
timely answered. (NYSCEF No. 4.) Landlord did not serve Lyutershteyn until February
2023. (NYSCEF No. 13.) She did not timely appear or answer.
In January 2023, landlord moved for summary judgment under CPLR 3212 against
Kletsman (mot seq 001), seeking $75,500 in U&O for the period of Lyutershteyn's
holdover, plus attorney fees. (See NYSCEF No. 5 [notice of motion] NYSCEF
No. 6 [affirmation of counsel].) Kletsman did not oppose the motion. Landlord later
represented that it had settled its claims against Kletsman for $60,500, with the final
payment due on July 1, 2023. (NYSCEF No. 15 at ¶ 22.) The record does not
reflect whether that final payment was made on schedule.
In April 2023, landlord moved for default judgment under CPLR 3215 against
Lyutershteyn (mot seq 002). On this motion, landlord is seeking the difference between
the $75,500 allegedly owed in U&O and the settlement payments met by Kletsman,
plus attorney fees. (NYSCEF No. 15 at 5.)
This motion was initially made returnable on May 11, 2023. (NYSCEF No. 14 at 1.)
The day before the return date, Lyutershteyn, acting pro se, sought and obtained an
adjournment until June 12 to enable her to retain counsel. (See NYSCEF No. 25.)
Counsel appeared for Lyutershteyn on June 6, 2023; and on June 9, 2023, she
cross-moved to compel landlord to accept her late answer under CPLR 3012 (d).
DISCUSSION