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MacPherson v. 80 Varick Street Group

60 A.D.3d 475, 874 N.Y.S.2d 110
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMarch 10, 2009
StatusPublished

This text of 60 A.D.3d 475 (MacPherson v. 80 Varick Street Group) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
MacPherson v. 80 Varick Street Group, 60 A.D.3d 475, 874 N.Y.S.2d 110 (N.Y. Ct. App. 2009).

Opinion

— Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered November 1, 2007, which denied plaintiffs motion to vacate an order dismissing the action and restore the case to the calendar, unanimously affirmed, without costs.

Plaintiff proffered a reasonable excuse for his default, i.e., that he never received notice of the preliminary conference, at which indeed neither side appeared (see Grant v Rattoballi, 57 AD3d 272, 273 [2008]). However, he failed to proffer facts showing that he has a meritorious cause of action (see Rugieri v Bannister, 7 NY3d 742 [2006]). Concur — Mazzarelli, J.P., Saxe, Nardelli, DeGrasse and Freedman, JJ.

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Related

Rugieri v. Bannister
853 N.E.2d 231 (New York Court of Appeals, 2006)
Grant v. Rattoballi
57 A.D.3d 272 (Appellate Division of the Supreme Court of New York, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
60 A.D.3d 475, 874 N.Y.S.2d 110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/macpherson-v-80-varick-street-group-nyappdiv-2009.