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3331 102 ST. LLC v. NEWPORT BEACH HOLDINGS LLC

Index No. 156870/18. Appeal No. 15941. Case No. 2021-02166.

205 A.D.3d 497 (2022)

165 N.Y.S.3d 857

2022 NY Slip Op 03170

3331 102 St. LLC, Respondent, v. Newport Beach Holdings LLC, Appellant. Wilmington PT Corp., Nonparty Appellant.

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

Decided May 12, 2022.

Attorney(s) appearing for the Case

Hasbani & Light, P.C., New York (Danielle Light of counsel), for Newport Beach Holdings LLC, appellant.

Massoud & Pashkoff, LLP, New York (Ahmed A. Massoud of counsel), for respondent.

Concur—Gische, J.P., Scarpulla, Mendez, Shulman, Higgitt, JJ.

Supreme Court providently denied the motion. "A defendant moving pursuant to CPLR 5015(a)(3) to vacate a default based on intrinsic fraud, i.e., on the basis that the plaintiff's allegations in the complaint are false, must establish both a reasonable excuse for the default and a potentially meritorious defense to the action" (JPMorgan Chase Bank, N.A. v Multani, 196 A.D.3d 549, 550 [2d Dept 2021]; see also Chevalier v 368 E. 148th St. Assoc., LLC,

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