Henry Tamarin, as Chairman of the Bd. of Trs. of the Local 100 Vacation Fund v. Adam Caterers, Inc., 13 F.3d 51 (2d Cir. 1993). · Go Syfert
Henry Tamarin, as Chairman of the Bd. of Trs. of the Local 100 Vacation Fund v. Adam Caterers, Inc., 13 F.3d 51 (2d Cir. 1993). Cases Citing This Book View Copy Cite
186 citation events (169 in the last 25 years) across 17 distinct courts.
Strongest positive: Securities & Exchange Commission v. Page (nyed, 2024-09-13)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Securities & Exchange Commission v. Page
E.D.N.Y · 2024 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
not necessary for the district court to hold a hearing to fix damages after a default judgment had been entered where the court had 'relied upon detailed affidavits and documentary evidence supplemented by the district judge's personal knowledge of the record
discussed Cited as authority (verbatim quote) Yanchaliquin v. Chuqui Builders Corp.
N.D.N.Y. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
rule 55(b)(2) and relevant case law give district judges much discretion in determining when it is 'necessary and proper' to hold an inquest on damages.
discussed Cited as authority (verbatim quote) Upstate New York Engineers Health Fund v. Pumpcrete Corporation
N.D.N.Y. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
rule 55(b)(2) and relevant case law give district judges much discretion in determining when it is 'necessary and proper' to hold an inquest on damages
discussed Cited as authority (verbatim quote) MBC Ventures, LLC v. Miniventures of NY, Inc.
D. Conn. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence high
rule 55(b)(2) and relevant case law give district judges much discretion in determining when it is 'necessary and proper' to hold an inquest on damages.
discussed Cited as authority (verbatim quote) Securities & Exchange Commission v. CKB168 Holdings, Ltd.
E.D.N.Y · 2016 · signal: see · quote attribution · 1 verbatim quote · confidence high
summary evidence is admissible as long as the underlying documents also constitute admissible evidence and are made available to the adverse party.
discussed Cited as authority (verbatim quote) Holford (USA) Ltd., Inc. v. United States
Ct. Intl. Trade · 2002 · signal: see · quote attribution · 1 verbatim quote · confidence high
summary evidence is admissible as long as the underlying documents also constitute admissible evidence and are made available to the adverse party
discussed Cited as authority (verbatim quote) Colon Ex Rel. Molina v. Bic USA, Inc.
S.D.N.Y. · 2001 · signal: see · quote attribution · 1 verbatim quote · confidence high
0n a summary judgment motion, a district court properly considers only evidence that would be admissible at trial.
cited Cited as authority (rule) Angel Mendez, Vicente Armijos, Erick Ixim, Reynaldo Lopez, and Ledwin Aparicio v. Prime Management Consultants LLC and David Ryan Friedlander
N.D.N.Y. · 2026 · confidence medium
Cement & Concrete Workers, 699 F.3d at 234 (quoting Tamarin v. Adam Caterers, Inc., 13 F.3d 51, 54 (2d Cir. 1993)).
discussed Cited as authority (rule) Burley v. Chapman
N.D.N.Y. · 2025 · confidence medium
Cement & Concrete Workers, 699 F.3d at 233 (quoting Tamarin v. Adam Caterers, Inc., 13 F.3d 51, 54 (2d Cir. 1993)); see also, e.g., Lation v. Fetner Props., Inc., No. 17-cv-3276, 2018 WL 704397 , at *2 (S.D.N.Y.
discussed Cited as authority (rule) Cox v. The Green Room WV, LLC
S.D.N.Y. · 2025 · confidence medium
A plaintiff can establish these damages through “detailed affidavits and documentary evidence.” Transatlantic Marine Claims Agency, Inc. v. Ace Shipping Corp., 109 F.3d 105, 111 (2d Cir. 1997) (quoting Tamarin v. Adam Caterers, Inc., 13 F.3d 51, 54 (2d Cir. 1993)).
discussed Cited as authority (rule) Government Employees Insurance Company v. Strobeck
E.D.N.Y · 2025 · confidence medium
Feb. 4, 2022) (“A hearing is not necessary where the record contains detailed affidavits and documentary evidence that enables the court to evaluate the proposed sum and determine an award of damages.” (citing Tamarin v. Adam Caterers, Inc., 13 F.3d 51, 54 (2d Cir. 1993))).
discussed Cited as authority (rule) Hudson Furniture, Inc. v. Mizrahi
S.D.N.Y. · 2025 · confidence medium
Tamarin v. Adam Caterers, Inc., 13 F.3d 51, 53-54 (2d Cir. 1993); see also Fustok v. ContiCommodity Servs., Inc., 873 F.2d 38 , 40 (2d Cir. 1989) (no hearing needed where court had “relied upon detailed affidavits and documentary evidence” to determine damages).
discussed Cited as authority (rule) The Secretary of the U.S. Department of Housing and Urban Development v. Richmond County Public Administrator, as Administrator of the Estate of Peter Stio (2×) also: Cited "see"
E.D.N.Y · 2025 · confidence medium
Works, Inc., 359 F. App'x 206, 207 (2d Cir. 2010) (“a hearing is not necessary when the district court relies ‘upon detailed affidavits and documentary evidence, supplemented by the District Judge’s personal knowledge of the record’ to calculate a damage award” (quoting Tamarin v. Adam Caterers, Inc., 13 F.3d 51, 54 (2d Cir. 1993))); id. at 207–08 (noting that sufficiency of 11 evidence to support damages should be based on “an assessment of [the evidence’s] quality and relevance to the issue at hand”).
discussed Cited as authority (rule) Anderson v. City of New York
E.D.N.Y · 2024 · confidence medium
DISCUSSION Admissibility of M.M.’s and J.S.’s Recorded Statements “When deciding a motion for summary judgment, a federal district court may consider only admissible evidence.” Colon v. BIC USA, Inc., 199 F. Supp. 2d 53, 68 (S.D.N.Y. 2001) (citing Tamarin v. Adam Caterers, Inc., 13 F.3d 51, 53 (2d Cir. 1993)).
discussed Cited as authority (rule) United States Securities and Exchange Commission v. Qin
S.D.N.Y. · 2024 · confidence medium
Evid. 1006. “[S]ummary evidence is admissible as long as the underlying documents also constitute admissible evidence and are made available to the adverse party.” New York City Transit Auth. v. Express Scripts, Inc., 588 F. Supp. 3d 424 , 441 (S.D.N.Y. 2022) (quoting Tamarin v. Adam Caterers, Inc., 13 F.3d 51, 53 (2d Cir. 1993)) (discussing Federal Rule of Evidence 1006 in the context of summary judgment).
discussed Cited as authority (rule) Rodriguez v. Franco Realty Associates, LLC
S.D.N.Y. · 2023 · confidence medium
District courts have “much discretion” in determining whether to hold an inquest on damages; an inquest is not mandatory, and a plaintiff's damages may be established by “detailed affidavits and documentary evidence.” Id. at 234 (quoting Tamarin v. Adam Caterers, Inc., 13 F.3d 51, 54 (2d Cir. 1993)).
discussed Cited as authority (rule) Axos Bank v. Ottomanelli
E.D.N.Y · 2023 · confidence medium
Under Federal Rule of Civil Procedure 55(b)(2), “it [is] not necessary for the District Court to hold a hearing, as long as it ensured that there was a basis for the damages specified in the default judgment.” Fustok v. ContiCommodity Servs., Inc., 873 F.2d 38 , 40 (2d Cir. 1989); -se-e -al-so- -T-am--ar-in- v-.- A-d-a-m- -C-at-e-re-rs-, -In-c-., 13 F.3d 51, 54 (2d Cir. 1993) (stating that it is “not necessary for the district court to hold a hearing to fix damages after a default judgment supplemented by the District Judge’s personal knowledge of the record gained during four years in…
discussed Cited as authority (rule) Rove LLC. v. Antonio168
S.D.N.Y. · 2023 · confidence medium
District courts have “much discretion” to determine whether to hold an inquest on damages; an inquest is not mandatory, and a plaintiff’s damages may be established by “detailed affidavits and documentary evidence.” Id. at 234 (quoting Tamarin v. Adam Caterers, Inc., 13 F.3d 51, 54 (2d Cir. 1993)).
discussed Cited as authority (rule) ACE Pictures, Inc. v. Tech Times LLC
S.D.N.Y. · 2023 · confidence medium
District courts have “much discretion” to determine whether to hold an inquest on damages; an inquest is not mandatory, and a plaintiff’s damages may be established by “detailed affidavits and documentary evidence.” Id. at 234 (quoting Tamarin v. Adam Caterers, Inc., 13 F.3d 51, 54 (2d Cir. 1993)).
discussed Cited as authority (rule) Neufville v. Metro Community Health Centers, Inc.
S.D.N.Y. · 2023 · confidence medium
District courts have “much discretion” to determine whether to hold an inquest on damages; an inquest is not mandatory, and a plaintiff's damages may be established by “detailed affidavits and documentary evidence.” Id. at 234 (quoting Tamarin v. Adam Caterers, Inc., 13 F.3d 51, 54 (2d Cir. 1993)).
discussed Cited as authority (rule) Discover Growth Fund, LLC v. OWC Pharmaceutical Research Corp.
S.D.N.Y. · 2023 · confidence medium
See Transatlantic Marine Claims Agency, Inc. v. Ace Shipping Corp., 109 F.3d 105, 111 (2d Cir. 1997); Tamarin v. Adam Caterers, Inc., 13 F.3d 51, 5354 (2d Cir. 1993) (finding inquest on damages without hearing improper where based upon “single affidavit only partially based upon real numbers”); see also Verizon Directories Corp., 2008 U.S. Dist.
discussed Cited as authority (rule) Fred Alston as a Trustee of the Local 272 Labor Management Pension Fund v. The Car Park Of New York, LLC
S.D.N.Y. · 2023 · confidence medium
District judges are afforded “much discretion in determining when it is ‘necessary and proper’ to hold an inquest on damages.” Tamarin v. Adam Caterers, Inc., 13 F.3d 51, 54 (2d Cir. 1993) (citing Fed R.
cited Cited as authority (rule) Campbell v. Huertas
E.D.N.Y · 2023 · confidence medium
When evaluating damages, the court “may rely on affidavits or documentary evidence.” Id. (citing Tamarin v. Adam Caterers, Inc., 13 F.3d 51, 54 (2d.
cited Cited as authority (rule) Martinka v. Yeshiva World News, LLC
E.D.N.Y · 2022 · confidence medium
When evaluating damages, the court “may rely on affidavits or documentary evidence.” Id. (citing Tamarin v. Adam Caterers, Inc., 13 F.3d 51, 54 (2d.
discussed Cited as authority (rule) New York City Transit Authority v. Express Scripts, Inc.
S.D.N.Y. · 2022 · confidence medium
Under Rule 1006, “[s]ummary evidence is admissible as long as the underlying documents also constitute admissible evidence and are made available to the adverse party.” Tamarin v. Adam Caterers, Inc., 13 F.3d 51, 53 (2d Cir. 1993).
discussed Cited as authority (rule) Capital Dude, LLC v. Denver Glass, Inc.
N.D.N.Y. · 2022 · confidence medium
Oct. 30, 2017) (Kahn, J.) (quoting Tamarin v. Adam Caterers, Inc., 13 F.3d 51, 54 (2d Cir. 1993)); Action S.A. v. Marc Rich & Co., Inc., 951 F.2d 504, 508 (2d Cir. 1991) (concluding that, where district judge was “inundated with affidavits, evidence, and oral presentations,” a full evidentiary hearing was not necessary); Chavez v. L2 Liu Inc., 20-CV- 1388, 2021 WL 1146561 , at *6 (E.D.N.Y.
cited Cited as authority (rule) Alvorado v. VNY Media Corp.
E.D.N.Y · 2022 · confidence medium
When evaluating damages, the court “may rely on affidavits or documentary evidence.” Id. (citing Tamarin v. Adam Caterers, Inc., 13 F.3d 51, 54 (2d.
cited Cited as authority (rule) LaMonica v. PG of Jersey City Corp.
Bankr. S.D.N.Y. · 2022 · confidence medium
Tamarin v. Adam Caterers, Inc., 13 F.3d 51, 53 (2d Cir. 1993).
cited Cited as authority (rule) LaMonica v. 1556 Flatbush Ave Corp.
Bankr. S.D.N.Y. · 2022 · confidence medium
Tamarin v. Adam Caterers, Inc., 13 F.3d 51, 53 (2d Cir. 1993).
cited Cited as authority (rule) LaMonica v. 947 S. Corp.
Bankr. S.D.N.Y. · 2022 · confidence medium
Tamarin v. Adam Caterers, Inc., 13 F.3d 51, 53 (2d Cir. 1993).
cited Cited as authority (rule) LaMonica v. Pretty Girl of Fordham Road Corp.
Bankr. S.D.N.Y. · 2022 · confidence medium
Tamarin v. Adam Caterers, Inc., 13 F.3d 51, 53 (2d Cir. 1993).
cited Cited as authority (rule) LaMonica v. Pretty Girl of Woodbridge Inc.
Bankr. S.D.N.Y. · 2022 · confidence medium
Tamarin v. Adam Caterers, Inc., 13 F.3d 51, 53 (2d Cir. 1993).
cited Cited as authority (rule) LaMonica v. 1168 Liberty Corp.
Bankr. S.D.N.Y. · 2022 · confidence medium
Tamarin v. Adam Caterers, Inc., 13 F.3d 51, 53 (2d Cir. 1993).
cited Cited as authority (rule) LaMonica v. Pretty Girl of Mount Vernon, Inc.
Bankr. S.D.N.Y. · 2022 · confidence medium
Tamarin v. Adam Caterers, Inc., 13 F.3d 51, 53 (2d Cir. 1993).
cited Cited as authority (rule) LaMonica v. 2891 3RD Ave Corp.
Bankr. S.D.N.Y. · 2022 · confidence medium
Tamarin v. Adam Caterers, Inc., 13 F.3d 51, 53 (2d Cir. 1993).
cited Cited as authority (rule) LaMonica v. Pretty Girl of Newark LTD.
Bankr. S.D.N.Y. · 2022 · confidence medium
Tamarin v. Adam Caterers, Inc., 13 F.3d 51, 53 (2d Cir. 1993).
cited Cited as authority (rule) LaMonica v. 241 Utica Ave Corp.
Bankr. S.D.N.Y. · 2022 · confidence medium
Tamarin v. Adam Caterers, Inc., 13 F.3d 51, 53 (2d Cir. 1993).
cited Cited as authority (rule) LaMonica v. 165-24 Jamaica Ave Corp.
Bankr. S.D.N.Y. · 2022 · confidence medium
Tamarin v. Adam Caterers, Inc., 13 F.3d 51, 53 (2d Cir. 1993).
cited Cited as authority (rule) LaMonica v. 72 Fashion Corp.
Bankr. S.D.N.Y. · 2022 · confidence medium
Tamarin v. Adam Caterers, Inc., 13 F.3d 51, 53 (2d Cir. 1993).
cited Cited as authority (rule) LaMonica v. PG of 730 Flatbush Ave Corp.
Bankr. S.D.N.Y. · 2022 · confidence medium
Tamarin v. Adam Caterers, Inc., 13 F.3d 51, 53 (2d Cir. 1993).
discussed Cited as authority (rule) Demopoulos v. Rollin Dairy Corp.
S.D.N.Y. · 2022 · confidence medium
District judges are afforded “much discretion in determining when it is ‘necessary and proper’ to hold an inquest on damages.” Tamarin v. Adam Caterers, Inc., 13 F.3d 51, 54 (2d Cir. 1993) (citing Fed R.
discussed Cited as authority (rule) New York City Transit Authority v. Express Scripts, Inc.
S.D.N.Y. · 2022 · confidence medium
Under Federal Rule of Evidence 1006, “[s]ummary evidence is admissible as long as the underlying documents also constitute admissible evidence and are made available to the adverse party.” Tamarin v. Adam Caterers, Inc., 13 F.3d 51, 53 (2d Cir. 1993).
cited Cited as authority (rule) Harbus v. Lead Clearance Inc.
E.D.N.Y · 2022 · confidence medium
When evaluating damages, the court “may rely on affidavits or documentary evidence.” Id. (citing Tamarin v. Adam Caterers, Inc., 13 F.3d 51, 54 (2d.
cited Cited as authority (rule) TRUSTEES OF INTERNATIONAL UNION OF PAINTERS AND ALLIED TRADES DISTRICT COUNCIL 711 HEALTH & WELFARE FUND v. ROCON, INC.
D.N.J. · 2022 · confidence medium
IBEW Loc. 351 Pension Fund, 2015 WL 778795 , at *2 (citing Tamarin v. Adam Caterers, 13 F.3d 51, 54 (2d Cir. 1993)).
discussed Cited as authority (rule) Zhejiang Jinhua Jinli Mushroom Co., Ltd. v. Xin Ao International Group Corp.
E.D.N.Y · 2021 · confidence medium
P. 55(b)(2), or it may rely upon the affidavits and other documentary evidence provided by the plaintiff, obviating the need for a hearing on damages, see Transatlantic Marine Claims Agency, Inc. v. Ace Shipping Corp., 109 F.3d 105, 111 (2d Cir. 1997) (citing Tamarin v. Adam Caterers, Inc., 13 F.3d 51, 54 (2d Cir. 1993)).
discussed Cited as authority (rule) Fonz, Inc. v. City Bakery Brands, LLC (2×) also: Cited "see, e.g."
S.D.N.Y. · 2021 · confidence medium
See Bricklayers & Allied Craftworkers Local 2, Albany, New York Pension Fund v. Moulton Masonry & Construction, LLC, 779 F.3d 182, 189 (2d Cir. 2015); Tamarin v. Adam Caterers, Inc., 13 F.3d 51, 53-54 (2d Cir. 1993); Maldonado v. La Nueva Rampa, Inc., No. 10-CV-8195, 2012 WL 1669341 , at *2 (S.D.N.Y.
discussed Cited as authority (rule) Andrews v. Sony/ATV Music Publishing LLC
S.D.N.Y. · 2021 · confidence medium
The Court may, for example, rely on “detailed affidavits and documentary evidence” to ascertain the amount of damages, Tamarin v. Adam Caterers, Inc., 13 F.3d 51, 54 (2d Cir. 1993), but only if such affidavits reflect “personal knowledge of the facts,” Credit Lyonnais, 183 F.3d at 154–55.
discussed Cited as authority (rule) Ergin v. 8th Hill Inc.
S.D.N.Y. · 2021 · confidence medium
The Court may, for example, rely on “detailed affidavits and documentary evidence” to ascertain the amount of damages, Tamarin v. Adam Caterers, Inc., 13 F.3d 51, 54 (2d Cir. 1993), but only if such affidavits reflect “personal knowledge of the facts,” Credit Lyonnais, 183 F.3d at 154–55.
discussed Cited as authority (rule) JTH Tax, Inc. v. Sawhney
S.D.N.Y. · 2021 · confidence medium
The Court may, for example, rely on “detailed affidavits and documentary evidence” to ascertain the amount of damages, Tamarin v. Adam Caterers, Inc., 13 F.3d 51, 54 (2d Cir. 1993), but only if such affidavits reflect “personal knowledge of the facts,” Credit Lyonnais, 183 F.3d at 154–55.
cited Cited as authority (rule) Haker v. Tentree International Inc.
E.D.N.Y · 2021 · confidence medium
When evaluating damages, the court “may rely on affidavits or documentary evidence.” Id. (citing Tamarin v. Adam Caterers, Inc., 13 F.3d 51, 54 (2d.
Retrieving the full opinion text from the archive…
Henry TAMARIN, as Chairman of the Board of Trustees of the Local 100 Vacation Fund, Plaintiff-Appellee,
v.
ADAM CATERERS, INC., Defendant-Appellant
601, Docket 93-7634.
Court of Appeals for the Second Circuit.
Dec 27, 1993.
13 F.3d 51
1993 U.S. App. LEXIS 33712
Ronald Cohen, New York City (Michael K. Benimowitz, of counsel), for appellant., Joseph E. Gulmi, New York City, for ap-pellee.
Cardamone, Goodwin, Jacobs.
Cited by 163 opinions  |  Published
GOODWIN, Circuit Judge:

Adam Caterers, Inc. appeals a summary judgment awarding unpaid ERISA benefit contributions, interest, costs, and fees to the plaintiff trustee of a local union vacation fund, contending that material questions of fact exist which require either trial or further discovery and documentary proof.

[*52] Henry Tamarin, Chairman of the Board of Trustees of the Local 100 Vacation Fund (Hotel Employees and Restaurant Employees, AFL/CIO), sued to compel payment of delinquent contributions as required by a collective bargaining agreement. The terms of the agreement were not disputed, nor was the fact that a demand had been made upon Adam Caterers for payment and for payroll records.

The plaintiff filed an affidavit and an accountant’s report based upon a fragmentary record of the number of employees covered by the bargaining agreement and the hours the plaintiff said they had worked. Adam Caterers denied the accuracy of the plaintiffs affidavit and accounting summary, but failed to provide its own records to dispute specific items of the claim.

The court took at face value the accountant’s projection of the amount of the alleged underpayment on the theory that the defendant had both the opportunity and the duty to produce complete business records, and that in the absence of complete records, the plaintiffs accounting projections were entitled to the benefit of the doubt. After argument and further suggestions from the court that Adam Caterers had not made a factual response to the claim, the court entered a judgment for Tamarin in the amount of principal and interest, collection costs and fees pursuant to the terms of the collective bargaining agreement and the payroll review submitted by plaintiff.

Adam Caterers, Inc. had denied in its affidavit that all the workers listed by the plaintiff were covered employees, or that all the workers actually were sent out on the jobs alleged by the plaintiff, but failed to state specifically which employees were listed in error. The only substantial issue on appeal is whether the trial court correctly treated the defendant’s answering affidavit as inadequate to forestall summary judgment.

The district court first overruled Adam Caterers’ objection that the accountant’s payroll review is inadmissible summary evidence pursuant to Fed.R.Civ.P. 56(e) and Fed.R.Evid. 1004. [1] We find no error in this ruling. While the accountant’s report no doubt could survive objection on evidentiary grounds at a trial, after a proper foundation and showing of the purpose for which it was offered, we have some reservations whether the document was, at the time it was offered, sufficiently probative to carry the plaintiffs case to summary judgment.

The trial judge correctly expected Adam Caterers to come forward, after having been timely served with the report, and offer some explanation that would account for the shortfall in contributions. Those portions of the accountant’s report of the shortfall that related to employees who were unquestionably covered by the bargaining agreement could not reasonably be challenged. They therefore at least supported a finding that substantial sums were delinquent. Those portions of the accounting report that were based upon extrapolation from known facts had the usual shortcomings of inadequate facts. But the affidavit and accounting report at least shifted to the defense the burden of making a sufficient answer to show what material questions remained for trial. The so-called affidavit that the defense filed was virtually a repetition of the general denial in the answer.

State and federal tax regulations as well as the collective bargaining agreement required the employer to keep and furnish, when appropriate, employment records. Where records are incomplete, whether for good cause, or unknown cause, the burden of explaining the reason for the records not being available should fall, as the trial judge indicated in his memorandum, upon the party who has the legal and contractual duty to provide the records, and who is in a better position than his adversary to keep and vouch for the accuracy of such records.

[*53] Adam Caterers is a small employer, and may indeed have encountered some difficulty in reconstructing time and payroll records that it had failed to keep. However, when Adam Caterers simply rested on its pleadings, it failed to meet its burden of showing “specific facts” evidencing the need for trial. See, e.g., Cumberland Oil v. Thropp, 791 F.2d 1037, 1043 (2d Cir.), cert. denied, 479 U.S. 950, 107 S.Ct. 436, 93 L.Ed.2d 385 (1986).

Adam Caterers’ claim that Tamarin did not meet his burden under Daubert v. Merrell Dow Pharmaceuticals, — U.S. -, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), by establishing the credentials of Peter Levin, the accountant who prepared the payroll review, is not supportable, as that case specifically dealt with the admissibility of scientific evidence. Payroll records are straightforward lists of names and hours worked. If a particular worker is not covered by the bargaining agreement because of a position in management or for some other reason, it is reasonable to expect the employer to bring forth the correct information in his possession.

Summary evidence is admissible as long as the underlying documents also constitute admissible evidence and are made available to the adverse party. Fed.R.Evid. 1006; United States v. Conlin, 551 F.2d 534, 538 (2d Cir.), cert. denied, 434 U.S. 831, 98 S.Ct. 114, 54 L.Ed.2d 91 (1977); see also Martin v. Funtime, Inc., 963 F.2d 110, 116 (6th Cir.1992) (any hearsay problem regarding summary evidence is satisfied by concluding that the underlying records themselves are admissible); United States v. Johnson, 594 F.2d 1253 (9th Cir.), cert. denied, 444 U.S. 964, 100 S.Ct. 451, 62 L.Ed.2d 376 (1979); Case & Co., Inc. v. Board of Trade of City of Chicago, 523 F.2d 355 (7th Cir.1975).

Here, the underlying documents — the payroll records of Adam Caterers — would have been admissible under the business records exception to the hearsay rule, Fed.R.Evid. 803(6). See Saks Intern, Inc. v. M/V Export Champion, 817 F.2d 1011 (2d Cir.1987). Adam Caterers’ payroll records, to the extent that they were kept, would have been available to the defense for use during discovery, and when their nonproduction was unexplained, that default permitted the plaintiff’s version of the records to carry the day.

We do not suggest that a district judge should proceed “without regard to the technical rules of evidence,” see Greycas, Inc. v. Proud, 826 F.2d 1560 (7th Cir.1987), cert. denied, 484 U.S. 1043, 108 S.Ct. 775, 98 L.Ed.2d 862 (1988), in considering a motion for summary judgment. Such a notion goes against the precedent of this Circuit. United States v. Alessi, 599 F.2d 513, 515 (2d Cir.1979); see also Camporeale v. Airborne Freight Corp., 732 F.Supp. 358, 364 (E.D.N.Y.), aff'd, 923 F.2d 842 (2d Cir.1990) (a court, in reviewing a motion for summary judgment, may consider only facts that would be admissible at trial). But, in this case, the trial court properly had before it admissible portions of the payroll review (i.e., there was no genuine issue regarding the material fact that Adam Caterers was delinquent in making its contractually required payments into the Local 100 Vacation Fund).

Accordingly, the only issue Adam Caterers could have raised in opposing summary judgment relates to the inclusion of particular employees, or to the dollar amounts of the shortfall as to individual employees. Adam Caterers, without making any showing of its own, demonstrates that Tamarin’s figures are problematic. The estimates contained in the payroll review were at best undocumented, and at worst, speculative. This state of affairs strongly suggests that some kind of a hearing might have been necessary to establish the amount of the claim that could be liquidated. Nonetheless, unless there was error in the failure to conduct a hearing on damages, either before the court or before a magistrate judge, summary judgment is invulnerable on this record.

Rule 55(b)(2) of the Federal Rules of Civil Procedure provides that on the matter of damages “the court may conduct such hearings or order such references as it deems necessary and proper.” The rule “allows but does not require the district judge to conduct a hearing.” Action S.A. v. Marc Rich & Co., Inc., 951 F.2d 504, 508 (2d Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 1763, 118 L.Ed.2d 425 (1992) (citing Fustok v. Conti- [*54] Commodity Services, Inc., 873 F.2d 38, 40 (2d Cir.1989)). In Fustok v. ContiCommodity Services, Inc., this Circuit held that it was not necessary for the district court to hold a hearing to fix damages after a default judgment had been entered where the court had “relied upon detailed affidavits and documentary evidence, supplemented by the District Judge’s personal knowledge of the record, gained during four years of involvement with the litigation” in making its determination. Fustok, 873 F.2d at 40; accord Action S.A. v. Marc Rich & Co., Inc., 951 F.2d at 508 (no need to hold inquest on damages after default judgment had been entered where district judge was inundated with affidavits, evidence and oral presentations by opposing counsel).

Rule 55(b)(2) and relevant case law give district judges much discretion in determining when it is “necessary and proper” to hold an inquest on damages. Unlike the wealth of evidence made available to the judges in Fustok and Marc Rich & Co., however, here the court determined damages with the aid of a single affidavit only partially based upon real numbers.

Although we do not find that the district court abused its discretion in refusing to conduct a hearing on damages, as can be seen from the above, we remain troubled with respect to the basis upon which the damage award was reached. Our concern is whether Adam Caterers’ failure to produce competing facts and figures should have resulted in the heavy judgment against it. In light of this concern, we believe the best course is to afford Adam Caterers another opportunity to produce those facts sufficient to persuade the district court that the reduction it seeks in the damage award is not de minimis. If so, the district court may, if it is so advised, either hold a hearing on the issue or refer this matter to a magistrate judge for the calculation of damages. We remand this case to the district court for that limited purpose.

If Adam Caterers fails to persuade the district court that it should itself hold a hearing or direct a reference, the amount of damages originally ordered is affirmed.

1

. Adam Caterers' brief states that the payroll report is not admissible into evidence under Fed. R.Evid. 1004. Rule 1004 concerns the admissibility of other evidence when the original evidence is not available. The rule specifically governing the admission of summary documents into evidence is Fed.R.Evid. 1006.