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MacPherson v. 80 Varick Street Group

Appellate Division of the Supreme Court of New York, First Department
Mar 10, 2009
60 A.D.3d 475 (N.Y. App. Div. 2009)

Opinion

March 10, 2009.

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

Before: Mazzarelli, J.P., Saxe, Nardelli, DeGrasse and Freedman, JJ.


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). However, he failed to proffer facts showing that he has a meritorious cause of action ( see Rugieri v Bannister, 7 NY3d 742).


Summaries of

MacPherson v. 80 Varick Street Group

Appellate Division of the Supreme Court of New York, First Department
Mar 10, 2009
60 A.D.3d 475 (N.Y. App. Div. 2009)
Case details for

MacPherson v. 80 Varick Street Group

Case Details

Full title:DONALD MACPHERSON, Appellant, v. 80 VARICK STREET GROUP, L.P., et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 10, 2009

Citations

60 A.D.3d 475 (N.Y. App. Div. 2009)
874 N.Y.S.2d 110