New York Court of Appeals

Reynolds Securities, Inc., Respondent v. Underwriters Bank and Trust Company, Defendant, and Andre Rostworowski…

June 13, 197844 N.Y.2d 568

Summary

The Court held that a default judgment for non‑liquidated damages may not be entered without an inquest to determine the amount, and that the plaintiff may still obtain discovery despite the defendant's default. Accordingly, the order was modified, the case remanded for a damages hearing, and the judgment was left in place as security.