Green v Storage Deluxe Enters., LLC

[*1] Green v Storage Deluxe Enters., LLC 2010 NY Slip Op 50390(U) [26 Misc 3d 143(A)] Decided on March 11, 2010 Appellate Term, First 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 March 11, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Shulman, Hunter, JJ
570626/09.



against

Ron Green, Plaintiff- Storage Deluxe Enterprises, LLC, Defendant-Appellant.

Defendant appeals from a judgment of the Civil Court of the City of New York, New York County (Saliann Scarpulla, J.), entered January 12, 2009, after an inquest, in favor of plaintiff and awarding him damages in the principal sum of $5,000.00.

Per Curiam.

Judgment (Saliann Scarpulla, J.), entered January 12, 2009, affirmed, with $10 costs.

Since no direct appeal lies from an order or judgment entered on default (see CPLR 5511) and defendant did not move on notice to vacate the default judgment rendered against it (see CPLR 5015[a][1]), defendant's challenge to the judgment entered after inquest brings up for review only matters treated at the inquest, namely, the amount of damages (see Lehman Bros. Holdings v Matt, 34 AD3d 290 [2006]). We decline to disturb the award, since plaintiff presented competent proof of the value of the converted property at or about the time of the loss (cf. Correa v Midtown Moving, 4 Misc 3d 135[A], 2004 NY Slip Op 50798[U] [2004]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 11, 2010