Riche v Louis

[*1] Riche v Louis 2004 NY Slip Op 50673(U) Decided on June 23, 2004 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on June 23, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
PRESENT:DECIDED June 23, 2004 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS PRESENT : ARONIN, J.P., GOLIA and RIOS, JJ.
NO. 2003-1450 K C

MIRMONDE RICHE, Respondent,

against

MARIE ST. LOUIS, Appellant.

Appeal by defendant from an order of the Civil Court, Kings County (A. Schack, J.), entered July 15, 2003, which denied her motion to vacate the judgment.

Order unanimously affirmed without costs.

Plaintiff commenced the instant action and, after defendant defaulted, an inquest was held to determine the amount of plaintiff's damages. Defendant appeared at said hearing, began to testify regarding the issue of liability and proffered no evidence regarding damages. After a judgment was entered in favor of plaintiff, defendant moved to vacate same arguing that the court did not allow her to testify as to her lack of liability. Although a defaulting defendant must be given an opportunity during an inquest to testify, cross-examine witnesses and offer evidence regarding damages (see Reynolds Securities v Underwriters Bank & Trust Co., 44 NY2d 568 [1978]), it is well settled that a defaulting defendant concedes liability (see Amusement Business [*2]Underwriters v American Intl. Group, 66 NY2d 878 [1985]; McClelland v Climax Hosiery Mills, 252 NY 347 [1930]). Accordingly, the lower court did not err in refusing to permit such testimony and defendant's motion to vacate the judgment was properly denied.
Decision Date: June 23, 2004