Khadeem J. Fraser, Appellant, v. US LLC (2025)

ORDERED that the judgment is affirmed, without costs.

Plaintiff commenced this action to recover the principal sum of $28,000 for, among other things, failure to pay wages. Following an inquest at which defendant failed to appear, the Civil Court awarded plaintiff the total sum of $3,300. Plaintiff appeals on the ground of inadequacy.

Where, as here, a defendant defaults in appearing and an inquest is conducted, it is still necessary for the plaintiff to present proof of damages at the inquest (see Oparaji v 245-02 Merrick Blvd, LLC, 149 AD3d 1091, 1092 [2017]; Paulson v Kotsilimbas, 124 AD2d 513, 514 [1986]; Bartlett v Rosenthal, 69 Misc 3d 138[A], 2020 NY Slip Op 51305[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2020]; Fernandez v Atias, 50 Misc 3d 127[A], 2015 NY Slip Op 51864[U] [App Term, 1st Dept 2015]). Plaintiff testified at the inquest that defendant had given him a "home shipping job for a month" and "at the end of the month, I just wasn't paid" and submitted evidence that his fixed monthly payment was $3,300. Thus, plaintiff established a prima facie case as to damages in the sum of $3,300. As plaintiff failed to establish a prima facie case for any other alleged damages, the Civil Court properly awarded plaintiff only $3,300 (see Bartlett v Rosenthal, 2020 NY Slip Op 51305[U]; Fernandez v Atias, 2015 NY Slip Op 51864[U]; Dallas v United Airlines, Inc., 58 Misc 3d 152[A], 2018 NY Slip Op 50114[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2018]; Jacobs v New York City Tr. Auth., 14 Misc 3d 130[A], 2007 NY Slip Op 50022[U] [App Term, 2d Dept, 2d & 11th Jud Dists 2007]; Raytsin v Household Bank, N.A., 6 Misc 3d 132[A], 2005 NY Slip Op 50108[U] [App Term, 2d Dept, 2d & 11th Jud Dists 2005]).

Accordingly, the judgment is affirmed.

TOUSSAINT, P.J., BUGGS and OTTLEY, JJ., concur.

ENTER:

Paul Kenny

Chief Clerk

Decision Date: July 18, 2025