North Fort Myers, FL asked in Contracts for New York

Q: default judgement granted by the judge after denying a cross motion to file a late answer. Do I need to show mitigation

This is a NYS Employment breach of contract for early termination. Other elements are fraud in the inducement, restrictive covenants and bonus.

The judges order: Plaintiffs motion for default judgement pursuant to CPLR 3215 is hereby granted in its entirety on liability. We have a July conference date with the judge regarding damages. The damages are simple 1) 18 months of back pay and actual relocation costs, they were stated in follow form in the summons and complaint. Interest and costs are statutory CPLR 3215. The opposing lawyer is asking for mitigation details via an email. I clearly understand that this request has entitlement during the trial of facts and it’s the defendants burden to prove this out. I am unable to find any such requirement under the CPLR or case law that would support their request under a default judgement. they can only argue was it 10 months and 3 day or 11 months and 2 days. I am not a lawyer. By what basis can they request proof of mitigation

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1 Lawyer Answer
Michael David Siegel
Michael David Siegel
  • New York, NY
  • Licensed in New York

A: You are correct. There is no discovery for an inquest.

Mathew Paulose Jr. agrees with this answer

1 user found this answer helpful

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