MacPherson v. 80 Varick Street Group

Appellate Division of the Supreme Court of New York

MacPherson v. 80 Varick Street Group

60 A.D.3d 475, 874 N.Y.S.2d 110

Appellate Division of the Supreme Court of the State of New York·Decided March 10, 2009·Published

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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— 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.

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

Pincite

60 A.D.3d 475 (MacPherson v. 80 Varick Street Group) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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