Practice point: In this action for plaintiff's injuries allegedly sustained while he was working for third-party defendant at a
restaurant located on premises owned and/or managed by defendants, the Appellate Division, on a prior appeal, had reinstated a default judgment entered against defendants. By virtue of this default,
defendants are deemed to have admitted all factual allegations
contained in the complaint and all reasonable inferences that flow from
them. Therefore, as between plaintiff and defendants, the
issue of liability has been determined as a matter of law, and
defendants may not now introduce evidence tending to defeat the plaintiff's
cause of action.
Student note: The default does not preclude defendants' pursuit of
claims against third-parties for the apportionment of fault.
Case: Paez v. 1610 St. Nicholas Ave., L.P., NY Slip Op 00421 (2d Dept. 2014).
Here is the decision.
Tomorrow's issue: A workplace fall on masonite.
