Opinion
No. 570220/22
03-25-2024
Xia Lan Lin, Plaintiff-Appellant, v. CAMB Magnolia House, Defendant-Respondent.
Unpublished Opinion
PRESENT: Tisch, J.P., James, Perez, JJ.
Plaintiff appeals from a judgment of the Civil Court of the City of New York, New York County (Aija Tingling, J.), entered May 10, 2023, after inquest, in favor of the defendant dismissing this action.
PER CURIAM.
Judgment (Aija Tingling, J.), entered May 10, 2023, 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]).In reviewing the record, we find that Civil Court properly dismissed the action after inquest, since plaintiff failed to establish a prima facie case for damages causally related to the acts of defendant.