Practice point: A defendant whose answer is stricken as a result of a default admits
all traversable allegations in the complaint, including the basic
allegation of liability, but does not admit the plaintiff's conclusion
as to damages.
Student note: Where an entry of a default judgment against a defendant
is made after an application to the court, the defendant is entitled to a full opportunity to cross-examine witnesses, give testimony and offer
proof in mitigation of damages.
Case: Rawlings v. Gillert, NY Slip Op 02063 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: Vacating a default.
