HERNANDEZ v. DISLA RODRIGUEZ (2021)

Supreme Court, Appellate Term, New York,

Agustin HERNANDEZ, Plaintiff-Appellant, v. Yennifer L. DISLA-RODRIGUEZ, Defendant-Respondent.

570132 /21

Decided: November 01, 2021

PRESENT: Edmead P.J., McShan, Hagler, JJ.

Judgment (Dakota D. Ramseur, J.), entered December 19, 2019, affirmed, without costs.

Where, as here, the defendant has defaulted in appearing and an inquest is directed, it is still necessary for the plaintiff to present proof of damages at the inquest (see Paulson v Kotsilimbas, 124 AD2d 513, 514 [1986]; Wine Antiques v St. Paul Fire & Mar. Ins. Co., 40 AD2d 657 [1972]). Based upon the limited record before this Court, consisting primarily of the meandering and at times contradictory testimony of plaintiff, we agree that plaintiff failed to prove damages on his claim that defendant failed to return funds entrusted to her.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur.

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