The following e-filed documents, listed by NYSCEF document number (Motion 001) 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 were read on this motion for DEFAULT JUDGMENT.

Plaintiff, Ryan O'Connor, sued defendant,^[FN1] Geturdun EZ LLC d/b/a International Bar, as the employer of his assailant, for an assault that occurred on December 23, 2021.

On July 5, 2023, the Supreme Court ordered an inquest to determine issues of liability and damages after defendant defaulted in appearing and after finding plaintiff's motion failed to establish a prima facie cause of action against defendant.^[FN2] (NYSCEF No. 14, Kotler, J.).]

This decision addresses the inquest, held remotely on October 21, 2025, on Microsoft Teams, at which plaintiff was present and defendant was not. Plaintiff has credibly shown that an assault occurred and has established a credible prima facie case for his first cause of action: respondeat superior and negligence. (NYSCEF No. 1.)

During the inquest, O'Connor testified as the sole witness and stated that a bouncer punched him and put him in a chokehold.^[FN3] Otherwise he was unsure of who did what and to whom. He supported his testimony with photographs of his injuries, including photos of a bloodied face and a hospital record from White Plains Hospital. (See NYSCEF No 21; NYSCEF [*2]No. 22.) Based on this evidence, the court finds defendant liable. (See People v Williams, 40 AD3d 402, 403 [1st Dept 2007] [finding that physical injury was sufficiently established through medical records documenting observable injuries and substantial pain].)

In assessing damages, this court takes into account the two injuries about which plaintiff testified: a broken hand and a concussion. (NYSCEF No. 22 at 7.)

The hospital record notes that plaintiff reported neck and hand pain and presented with a hematoma on his head along with bruising. (NYSCEF No. 22 at 7.) Plaintiff's hand remained in the "normal range of motion." (NYSCEF No. 22 at 9.) But there were "acute nondisplaced fractures through the neck of the left fourth and fifth metacarpal bones" and "mild palmar angulation of distal fracture fragments." (NYSCEF No. 22 at 10; NYSCEF No. 22 at 23.) As a result, an "ulnar gutter splint was applied," and physicians advised plaintiff to take Tylenol every four to six hours and Motrin every six to eight hours for pain. (NYSCEF No. 22 at 10.)

Plaintiff also testified that he got a concussion for which physicians advised him to "practice brain rest." (NYSCEF No. 22 at 11.) The hospital record noted that plaintiff had prior concussions. (NYSCEF No. 22 at 7.)

Plaintiff presented no evidence to corroborate any further pain and suffering after the White Plains Hospital visit. He provided no testimony about loss of wages resulting from the injuries. He provided no testimony about increased stress or emotional damages resulting from the injuries, and no testimony about hospital bills.

Accordingly, it is

ORDERED that this court awards plaintiff a judgment against Geturdun EZ LLC d/b/a International for $50,000 for damages for pain and suffering caused by injuries sustained; and it is further

ORDERED that plaintiff is directed to serve a copy of this order with notice of its entry on defendant Geturdun EZ LLC by certified mail, return receipt requested, directed to defendant's last-known address; and on the County Clerk (using the NYSCEF document type "Notice to the County Clerk - CPLR § 8019 (c)"), who shall enter judgment accordingly.