N.Y. Comp. Codes R. & Regs. Tit. 22 § 210.32 - Damages, inquest after default; proof
(a) In an inquest to ascertain damages
upon a default pursuant to CPLR 3215, if the defaulting party fails to appear
in person or by representative, the party entitled to judgment, whether a
plaintiff, third-party plaintiff, or a party who has pleaded a cross-claim or
counterclaim, shall be permitted to submit, in addition to the proof required
by CPLR 3215(e), properly executed affidavits as proof of damages.
(b) In any action where it is
necessary to take an inquest before the court, the party seeking damages may
submit the proof required by oral testimony of witnesses in open court or by
written statements of the witnesses, in narrative or question-and-answer form,
signed and sworn to.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.