Cukierwar v. College Cent. Network, Inc.

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Cukierwar v. College Cent. Network, Inc.

Citations: 2017 NY Slip Op 2016; 148 A.D.3d 983; 50 N.Y.S.3d 140Docket: 2015-04465

Court: Appellate Division of the Supreme Court of the State of New York; March 22, 2017; New York; State Appellate Court

Original Court Document: View Document

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In the case of Cukierwar v. College Central Network, Inc., the Appellate Division, Second Department of New York reviewed an appeal concerning a judgment entered in favor of Louis Cukierwar against College Central Network, Inc. The central issue revolved around a complaint filed by Cukierwar, who sought an accounting of all financial transactions from 2000 to the present without requesting monetary damages.

After the defendant failed to respond, the Supreme Court granted Cukierwar a default judgment and, following an inquest, awarded him $40,000. College Central Network subsequently moved to vacate this judgment, arguing that Cukierwar did not pursue the default judgment within one year of the default and that the award of $40,000 exceeded the relief requested in the initial complaint.

The Appellate Division reversed the lower court’s decision, ruling that while the plaintiff had indeed pursued his default judgment timely, the Supreme Court incorrectly granted relief not sought in the complaint. The court reaffirmed that a default judgment cannot provide relief of a different nature than what was demanded, and the inquest could not expand the scope of the initial pleadings.

Consequently, the Appellate Division granted the defendant's motion to vacate the judgment, vacated the $40,000 award, and directed the case be remitted for the defendant to provide the full accounting originally requested by Cukierwar. The judges concurred in this decision, underscoring the importance of adherence to the demands laid out in a complaint.