Opinion
No. 2013–2612 Q C.
07-27-2015
XIU JIAN SUN, Appellant, v. JIAN BIAO YU, Defendant, and Y.J.B. Intl., Inc., Respondent.
Opinion
Appeal, on the ground of inadequacy, from a judgment of the Civil Court of the City of New York, Queens County (Ernest J. Cavallo, J.H .O.), entered August 7, 2013. The judgment, insofar as appealed from as limited by the brief, after an inquest, awarded plaintiff the principal sum of $1,015 as against defendant Y.J.B. Intl., Inc.ORDERED that the judgment, insofar as appealed from, is affirmed, without costs.
Plaintiff commenced this action to recover the sum of $5,001 for breach of contract. A default judgment, entered following an inquest, awarded plaintiff the principal sum of $1,015 as against defendant Y.J.B. Intl., Inc., and severed and dismissed the action as against defendant Jian Biao Yu. As limited by his brief, plaintiff appeals, on the ground of inadequacy, from so much of the judgment as awarded him the principal sum of only $1,015 as against defendant Y.J.B. Intl., Inc.
Contrary to his contention, plaintiff failed to present proof at the inquest that his damages exceeded the principal sum of $1,015 which the Civil Court awarded him as against defendant Y.J.B. Intl., Inc. As the record supports the court's determination, we find no reason to disturb the judgment.
Accordingly, the judgment, insofar as appealed from, is affirmed.
WESTON, J.P., ALIOTTA and ELLIOT, JJ., concur.