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BLOCK 2829 REALTY CORP. v. COMMUNITY PRESERVATION CORP.

3470, 650805/14.

148 A.D.3d 567 (2017)

2017 NY Slip Op 02135

50 N.Y.S.3d 61

BLOCK 2829 REALTY CORP. et al., Appellants, v. COMMUNITY PRESERVATION CORP. et al., Respondents.

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

Decided March 23, 2017.

"A plaintiff seeking to vacate a default in responding to a motion to dismiss pursuant to CPLR 5015 (a) (1) must proffer both a reasonable excuse for the default and a meritorious cause of action" (Kassiano v Palm Mgt. Corp., 95 A.D.3d 541, 541 [1st Dept 2012]). With regard to a claim for breach of fiduciary duty, as here, where the remedy sought is purely monetary in nature, courts construe...

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