N.Y. Comp. Codes R. & Regs. tit. 22 § 202.46

Current through Register Vol. 46, No. 18, May 1, 2024

Section 202.46 - 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, may 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.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 202.46