Opinion
2021-51014
11-01-2021
Agustin Hernandez, Plaintiff-Appellant, v. Yennifer L. Disla-Rodriguez, Defendant-Respondent.
Unpublished Opinion
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.
PRESENT: Edmead P.J., McShan, Hagler, JJ.
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 A.D.2d 513, 514 [1986]; Wine Antiques v St. Paul Fire & Mar. Ins. Co., 40 A.D.2d 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.