Opinion
2019-1553 K C
10-30-2020
Patrick BARTLETT, Appellant, v. Scott ROSENTHAL, Respondent.
ORDERED that the judgment is affirmed, without costs.
Plaintiff commenced this action to recover the principal sum of $19,500 for damage to, and loss of, personal property. Following an inquest at which defendant failed to appear, the Civil Court dismissed the complaint, finding that plaintiff failed to prove a prima facie case.
Where, as here, a defendant has defaulted 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] ; Fernandez v. Atias , 50 Misc 3d 127[A], 2015 NY Slip Op 51864[U] [App Term, 1st Dept 2015] ). While plaintiff testified at the inquest that defendant had destroyed and taken away from him his "property," plaintiff's testimony was not clear as to what the "property" consisted of, and plaintiff failed to provide evidence regarding, for instance, any costs incurred in repairing any damaged item, the diminished value of any damaged item and the value of any item allegedly taken away by defendant. Since plaintiff failed to establish a prima facie case as to damages, the Civil Court properly dismissed the complaint (see 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]; Fernandez v. Atias , 50 Misc 3d 127[A], 2015 NY Slip Op 51864[U] ; 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.
WESTON, J.P., ELLIOT and SIEGAL, JJ., concur.