PIKULIN v. MIKSHAKOV


258 A.D.2d 450 (1999)

684 N.Y.S.2d 598

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

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided February 1, 1999.


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...

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