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MacPHERSON v. 80 VARICK STREET GROUP, L.P.

60 A.D.3d 475 (2009)

874 N.Y.S.2d 110

DONALD MacPHERSON, Appellant, v. 80 VARICK STREET GROUP, L.P., et al., Respondents.

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

Decided March 10, 2009.

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 A.D.3d 272, 273 [2008]). However, he failed to proffer facts showing that he has a meritorious cause of action (see Rugieri v Bannister, 7 N.Y.3d 742

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