MEANDERED HIS WAY INTO A LOSS
Even when an opponent doesn’t appear in a civil lawsuit, and a litigant wins “on default,” the latter is still required to prove an entitlement to a monetary recovery at a hearing called an “inquest.”
In A.H. v. Y.L.D-R, after the New York County Civil Court denied A.H. relief because no evidence of damage had been presented, an appeal to the Appellate Term, First Department, followed.
Noting that the record consisted of “the meandering and at times contradictory testimony of plaintiff,” the AT1 agreed that A.H. had “failed to prove damages on his claim that defendant failed to return funds entrusted to her.”
Notice we got straight to the point there?
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DECISION