| MacPherson v 80 Varick St. Group, L.P. |
| 2009 NY Slip Op 01726 [60 AD3d 475] |
| March 10, 2009 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Donald MacPherson, Appellant, v 80 Varick Street Group, L.P., et al., Respondents. |
—[*1]
Goldberg Segalla LLP, White Plains (Angela Delfino-Vitali of counsel), for 80 Varick Street
Group, L.P., 80 Varick Street Realty Corp., Michael Saperstein, Mark Ramer, Scott J. Leisner
and IAB Management, Inc., respondents.
Barry, McTiernan & Moore, New York (Laurel A. Wedinger of counsel), for Pale Realty
Corp. and/or Pale Management Corp., respondents.
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.
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.