Conserve Electric, Inc. v. Tulger Contracting Corp.

In an action, inter alia, to recover damages for breach of contract, the defendant Tulger Contracting Corp. appeals from a judgment of the Supreme Court, Queens County (Huttner, J.), dated July 15, 2004, which, upon its default in appearing for trial, and upon an inquest on the issue of damages, is in favor of the plaintiff and against it in the principal sum of $27,904.20.

*355Ordered that the appeal from the judgment is dismissed, with costs.

Although an appeal from a judgment brings up for review those matters which were the subject of contest at an inquest after a default (see James v Powell,…