Opinion
February 1, 1999
Appeal from the Supreme Court, Kings County (G. Aronin, J.).
Ordered that the order is affirmed, without costs or disbursements.
Contrary to the plaintiff's contention, the Supreme Court properly directed an inquest for the purpose of ascertaining damages. Where the damages sought against a defendant who has failed to appear are for a "sum certain", judgment may be entered by the clerk (CPLR 3215 [a]). However, "[t]he term 'sum certain' in this context contemplates a situation in which, once liability has been established, there can be no dispute as to the amount due, as in actions on money judgments and negotiable instruments" ( Reynolds Sec. v. Underwriters Bank Trust Co., 44 N.Y.2d 568, 572). Where, as here, damages cannot be determined without extrinsic proof, an inquest is required ( see, Reynolds Sec. v. Underwriters Bank Trust Co., supra; Gaylord Bros. v. RND Co., 134 A.D.2d 848).
Santucci, J. P., Joy, Altman and Krausman, JJ., concur.