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TAYLOR III v. BROOKE TOWERS LLC

2790, 16847/06

73 A.D.3d 535 (2010)

901 N.Y.S.2d 224

FRANK TAYLOR III et al., Appellants, v. BROOKE TOWERS LLC et al., Respondents.

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

Decided May 13, 2010.

As plaintiffs at the inquest presented evidence sufficient to set forth a prima facie case on their claim against defaulting defendants, the court's dismissal of the complaint based on a finding that they had failed to prove liability was erroneous (see Christian v Hashmet Mgt. Corp., 189 A.D.2d 597 [1993]; Lippman v Hines, 138 A.D.2d 845, 846 [1988]). Moreover, since defendants...

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