Appeal from a judgment of the Civil Court of the City of New York, Kings County

(Robin S. Garson, J.), entered on November 24, 2004. The judgment, after an inquest, dismissed the complaint.

Judgment reversed without costs and judgment directed to be entered in favor of plaintiff in the principal sum of $6,636.31.

Upon a default pursuant to CPLR 3215, the party entitled to enter judgment is permitted to submit properly executed affidavits of proof of damages in addition to the
proof of service and an affidavit constituting the claim as required by CPLR 3215 (f) (Uniform Civil Rules for the New York City Civil Court [22 NYCRR] § 208.32 [a]).

In the case at bar, proof of service of the summons and complaint is contained in the record and plaintiff submitted an affidavit by its comptroller which contains allegations establishing that plaintiff made payments, totaling $6,636.31 on behalf of the defendant for premiums it paid for commercial liability insurance coverage for five months. In addition, annexed to the affidavit of the comptroller is a statement indicating debits and credits to defendant's account, and the remaining balance due. Contrary to the findings of the inquest [*2]court, the affidavit of plaintiff's comptroller sufficiently established a prima facie case and its entitlement to an award of damages in the principal sum of $6,636.31 (see Uniform Civil Rules for the New York City Civil Court [22 NYCRR] § 208.32 [a]).

Pesce, P.J., Weston Patterson and Rios, JJ., concur.
Decision Date: March 27, 2006