Samia Calabrese Zaman, Plaintiff-Appellant, v. Elida Dental Care, Defendant-Respondent. (2025)

Supreme Court, Appellate Term, New York,

Samia Calabrese Zaman, Plaintiff-Appellant, v. Elida Dental Care, Defendant-Respondent.

570335 /25

Decided: June 12, 2025

PRESENT: Brigantti, J.P., James, Perez, JJ.

Per Curiam.

Judgment (Sabrina B. Kraus, J.), entered on or about November 29, 2021, affirmed, without costs.

Where, as here, a defendant has failed to appear and an inquest is directed, a plaintiff must still present proof of damages at the inquest (see Paulson v Kotsilimbas, 124 AD2d 513, 514 [1986]). In reviewing the record, we find that the Civil Court correctly dismissed the action because plaintiff failed to present any competent evidence of damages causally related to defendant's acts (see Schwartzman v Friedler, 279 AD2d 517 [2001]; Bibikoff v Bellevue Hosp., 7 Misc 3d 134[A], 2005 NY Slip Op 50669[U] [App Term, 1st Dept 2005]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur

Decision Date: June 12, 2025

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