By Kevin Wong | Staff Writer
Breach; contract; Default Judgment; damages
Plaintiff sued defendants for alleged non-payment for goods. Plaintiff’s motion seeking default judgment in the amount of $942,079.21 plus interest, costs, and disbursements was unopposed because of the defendants’ failure to appear at a preliminary status conference. Defendants’ former counsel had been relieved, and, the court notified defendants that as a limited liability companies, they must appear by counsel and not pro se.
Although defendants failed to appear at the preliminary conference, the court denied plaintiff’s motion for a default judgment, finding plaintiff failed to establish a prima facie case. Here, the plaintiff did not submit any proof of facts supporting its claim, such as invoices or other documentation showing a contract between plaintiff and one or more of defendants, or the amount allegedly due. Further, plaintiff’s application was supported only by a complaint verified by an attorney, rather than someone with personal knowledge of the essential facts. The court held that the plaintiff failed to establish a prima facie case on a claim for goods sold and delivered. The plaintiff also failed to present any evidence supporting the increase in damages from $656,409.79, which the initial complaint sought in damages, to $942,079.21. Therefore, the plaintiff’s motion seeking entry of default judgment was denied because the plaintiff failed to establish a prima facie case of non-payment for goods sold and delivered.
Embroidery Industries, Inc., v. RVC Enterprises, LLC, ROC Fashions, LLC, and Aussie Fashions, LLC., Index No. 652827/2012, 10/7/2014 (Sherwood, J.).