Warren v. Warren
Annotate this CaseIn this accounting action, plaintiff did not give notice of damages to defendants before their default was entered. Although the court agreed with cases finding that a plaintiff in an action for accounting need not give notice of damages before a defendant’s default is entered, the court also found that an exception to that rule applies: where, as here, plaintiff knew what his damages were and defendants did not have access to that information, notice must be given before default is entered. Accordingly, the court reversed the order denying defendants’ motion to set aside their default and default judgment.
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