Attorney Eyal Talassazan, founder of the Law Offices of Eyal Talassazan, P.C., successfully obtained a reversal in the case of Schreiber v. Nissan Lift of New York, Inc., securing a $125,000 judgment for his client after the lower court had denied damages.
The decision, issued by the Appellate Division of the New York Supreme Court, Second Judicial Department, overturned a Nassau County trial court order and directed entry of judgment in favor of the plaintiff.
Case Background
The case arose from a financial dispute involving a loan made by the plaintiff to Nissan Lift of New York, Inc. According to court records, the plaintiff transferred $125,000 from his personal bank account to the company in August 2018 to help cover a settlement. The loan was allegedly made on the condition that the company and related parties would guarantee repayment.
When repayment was not made despite requests in 2021 and 2022, the plaintiff filed suit seeking damages for breach of contract and related claims. The defendants failed to timely appear in the action, leading the trial court to grant the plaintiff leave to enter a default judgment and order an inquest on damages.
However, following the inquest, the trial court concluded that the plaintiff had not sufficiently established his entitlement to damages and directed judgment in favor of the defendants. The plaintiff appealed.
Appellate Court Findings
On appeal, the appellate court agreed with the plaintiff’s position and reversed the lower court’s ruling. The court emphasized that when a defendant defaults, the factual allegations in the complaint are deemed admitted, leaving the amount of damages as the only issue to be determined at an inquest.
The appellate judges determined that the plaintiff had presented sufficient proof to establish damages. Specifically, the plaintiff provided:
- Testimony regarding the loan and repayment agreement.
- Documentary evidence showing the transfer of $125,000 from his personal bank account to Nissan Lift’s account.
- Evidence that the funds were received by the company.
Based on that evidence, the appellate court held that the plaintiff had established entitlement to damages in the amount of $125,000, and it remitted the case to the Nassau County Supreme Court for entry of judgment in that amount.
The decision underscores how appellate advocacy can correct legal errors and ensure that valid claims are recognized by the courts. This victory by Mr. Talassazan also highlights the importance of skilled legal advocacy in correcting trial-court errors.
About the Law Offices of Eyal Talassazan, P.C.
Based in Garden City, New York, the Law Offices of Eyal Talassazan, P.C. represents clients throughout Nassau County and Long Island in a wide range of legal matters, including family law, civil litigation, criminal defense, and appeals. The firm emphasizes personalized representation and direct attorney access for every client.
Mr. Talassazan has more than two decades of legal experience and founded his firm to provide clients with attentive, individualized legal service. Cases like this appellate victory demonstrate his commitment to advocating for clients through every stage of the legal process.
