PLAINTIFF FAILED TO PRESENT PROOF THAT DEFENDANT CAUSED DAMAGE
After XLL filed a case against CAMB Magnolia House, the latter failed to respond to the complaint, and a special hearing – called an “inquest” – was conducted.
After the New York County Civil Court dismissed the case after that hearing, XLL appealed.
And on its review, the Appellate Term, First Department, noted that since XLL had failed to present evidence or proof of any damage, or that “damages were causally related to the acts of defendant,” the dismissal was left undisturbed.
Ironically, that was a damaging outcome …..
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DECISION