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Conteh v. Hand

Appellate Division of the Supreme Court of New York, First Department
Dec 12, 1996
234 A.D.2d 96 (N.Y. App. Div. 1996)

Summary

discussing type of evidence necessary to establish damages at an inquest

Summary of this case from Currie v. Sanchez (In re Sanchez)

Opinion

December 12, 1996.

Judgment, Supreme Court, New York County (Beatrice Shainswit, J.), entered December 12, 1995, in favor of plaintiff in the amount of $142,030.09, unanimously reversed, on the law, without costs, and the matter remanded for a new inquest on damages.

Before: Murphy, P.J., Milonas, Williams, Tom and Andrias, JJ.


Despite its earlier ruling that "[a]ny defenses regarding the measure of damages may be presented at the inquest", the court, after the completion of plaintiffs testimony, refused to permit defendants to call a witness at the inquest. It is well settled that by defaulting a defendant admits all traversable allegations in the complaint, including the basic allegation of liability, but does not admit the plaintiffs conclusion as to damages. Unless the damages sought are for a sum certain, which can be determined by computation, the defaulting defendant must be given "`a full opportunity to cross-examine witnesses, give testimony and offer proof in mitigation of damages' "( Rokina Opt. Co. v Camera King, 63 NY2d 728, 730, quoting Reynolds Sec. v Underwriters Bank Trust Co., 44 NY2d 568, 572). The court's ruling deprived defendants of such full opportunity.


Summaries of

Conteh v. Hand

Appellate Division of the Supreme Court of New York, First Department
Dec 12, 1996
234 A.D.2d 96 (N.Y. App. Div. 1996)

discussing type of evidence necessary to establish damages at an inquest

Summary of this case from Currie v. Sanchez (In re Sanchez)
Case details for

Conteh v. Hand

Case Details

Full title:BARBARA K. CONTEH, Respondent, v. BERNARD HAND et al., Appellants

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 12, 1996

Citations

234 A.D.2d 96 (N.Y. App. Div. 1996)
650 N.Y.S.2d 723

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