May 16, 2022

CPLR 5015(a)(3).

A defendant moving to vacate a default based on intrinsic fraud, that is, 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.

3331 102 St. LLC v. Newport Beach Holdings LLC, NY Slip Op 03170 (1st Dep't May 12, 2022)

Here is the decision.