AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

WILLIAM PIKULIN, Appellant, v. LEON MIKSHAKOV et al., Respondents.

Ordered that the order is affirmed, without costs or disbursements.

Contrary to the plaintiff's contention, the Supreme Court properly directed an inquest for the purpose of ascertaining damages. Where the damages sought against a defendant who has failed to appear are for a "sum certain", judgment may be entered by the clerk (CPLR 3215 [a]). However, "[t]he term `sum certain' in this context contemplates a situation in which, once liability has been established, there can be no dispute as to the amount due, as in actions on money judgments and negotiable instruments" ( Reynolds Sec. v. Underwriters Bank Trust Co., 44 N.Y.2d 568, 572). Where, as here, damages cannot be determined without extrinsic proof, an inquest is required ( see, Reynolds Sec. v. Underwriters Bank Trust Co., supra; Gaylord Bros. v. RND Co., 134 A.D.2d 848).

Santucci, J. P., Joy, Altman and Krausman, JJ., concur.

Use AI to get other relevant cases.

Comments

PIKULIN v. MIKSHAKOV
(Feb 1, 1999)