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TIME WARNER CITY CABLE v. TRI STATE AUTO, INC.

5 A.D.3d 153 (2004)

772 N.Y.S.2d 512

TIME WARNER CITY CABLE, Respondent, v. TRI STATE AUTO, INC., Appellant, et al., Defendants.

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

March 4, 2004.

By waiving its equitable claims and retaining only its contract cause of action, plaintiff met the sum-certain requirement for default judgment under CPLR 3215 (a) (cf. Geer, Du Bois & Co. v Scott & Sons Co., 25 A.D.2d 423 [1966]). Plaintiff had acquired jurisdiction over Tri State by service pursuant to Business Corporation Law § 306, and Tri State failed to raise a nonconclusory factual issue warranting a traverse...

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