Hernandez v. Disla-Rodriguez

73 Misc. 3d 133(A), 2021 NY Slip Op 51014(U)

• Court: Appellate Terms of the Supreme Court of New York
• Decided: November 1, 2021
• Docket: 570132/21
• Status: Unpublished

Opinion

Hernandez v Disla-Rodriguez (2021 NY Slip Op 51014(U)) [*1]

Hernandez v Disla-Rodriguez

2021 NY Slip Op 51014(U) [73 Misc 3d 133(A)]

Decided on November 1, 2021

Appellate Term, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on November 1, 2021

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Edmead P.J., McShan, Hagler, JJ.
570132/21

Agustin Hernandez, Plaintiff-Appellant,

against

Yennifer L. Disla-Rodriguez, Defendant-Respondent.

Plaintiff appeals from a judgment of the Civil Court of the City of New York, New York County (Dakota D. Ramseur, J.), entered December 19, 2019, after inquest, in favor of defendant dismissing the complaint.

Per Curiam.

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.

I concur I concur I concur
Decision Date: November 1, 2021