Xiu Jian Sun v Jian Biao Yu

[*1] Xiu Jian Sun v Jian Biao Yu 2015 NY Slip Op 51131(U) Decided on July 27, 2015 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 July 27, 2015
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : WESTON, J.P., ALIOTTA and ELLIOT, JJ.
2013-2612 Q C

Xiu Jian Sun, Appellant,

against

Jian Biao Yu, Defendant, -and- Y.J.B. INTL., INC., Respondent.

Appeal, on the ground of inadequacy, from a judgment of the Civil Court of the City of New York, Queens County (Ernest J. Cavallo, J.H.O.), entered August 7, 2013. The judgment, insofar as appealed from as limited by the brief, after an inquest, awarded plaintiff the principal sum of $1,015 as against defendant Y.J.B. Intl., Inc.ORDERED that the judgment, insofar as appealed from, is affirmed, without costs.

Plaintiff commenced this action to recover the sum of $5,001 for breach of contract. A default judgment, entered following an inquest, awarded plaintiff the principal sum of $1,015 as against defendant Y.J.B. Intl., Inc., and severed and dismissed the action as against defendant Jian Biao Yu. As limited by his brief, plaintiff appeals, on the ground of inadequacy, from so much of the judgment as awarded him the principal sum of only $1,015 as against defendant Y.J.B. Intl., Inc.

Contrary to his contention, plaintiff failed to present proof at the inquest that his damages exceeded the principal sum of $1,015 which the Civil Court awarded him as against defendant Y.J.B. Intl., Inc. As the record supports the court's determination, we find no reason to disturb the judgment.

Accordingly, the judgment, insofar as appealed from, is affirmed.

Weston, J.P., Aliotta and Elliot, JJ., concur.

Decision Date: July 27, 2015