Does the default formula apply when a plaintiff has failed to show all factors necessary to warrant application of a default formula?
"New York", United States of America
The following excerpt is from Gold Rivka 2 LLC v. Rodriguez, 117 N.Y.S.3d 805 (Table), 64 Misc.3d 1228 (A) (N.Y. Civ. Ct. 2019):
(See e.g. FAV 45 LLC v. McBain , 42 Misc 3d 1231[A], 2014 NY Slip Op 50292[U] [Civ Ct, NY County 2014].) Whether all factors were necessary to warrant application of the default formula, or whether any of them would satisfy the test, was not made clear.
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