Buffalo Downtown Garage, Inc. v. Winfield Associates, Inc.

Order unanimously affirmed, with costs. Memorandum: Following the taking of proofs Supreme Court, Erie County granted an order awarding $700 damages and $20,000 punitive damages in favor of plaintiff against nonresident Illinois defendants who had defaulted in answering. The defendants subsequently moved to reopen the default judgment and a Special Term Justice, other than the one who had heard the evidence and awarded the damages, granted the motion. Such action was irregular and improper. Where one Trial Judge takes proof to determine damages, it is not appropriate in the administration of…