Ordered that the order is affirmed, with costs.
In support of its motion for summary judgment, the plaintiff sustained its initial burden of demonstrating its entitlement to judgment as a matter of law ( see, Marine Midland Bank v. Freedom Rd. Realty Assocs., 203 A.D.2d 538; LBV Props. v. Greenport Dev. Co., 188 A.D.2d 588, 589). It thus became incumbent upon the defendant to allege facts in opposition which, if true, constitute a meritorious defense ( see, Nassau Trust Co. v Montrose Concrete Prods. Corp., 56 N.Y.2d 175, 182; Red Rock Holdings v. Mandel, 220 A.D.2d 495). Giving the defendant the benefit of every favorable inference (see, Red Rock Holdings v Mandel, supra), he has failed to establish the existence of factual issues pertaining to the defenses of waiver and estoppel. Accordingly, the Supreme Court properly granted the plaintiff's motion for summary judgment. Rosenblatt, J.P., Miller, Pizzuto and Goldstein, JJ., concur.