August 15, 2022

Defaulting defendants.

A defaulting defendant admits all traversable allegations in the complaint and the basic allegation of liability, but does not admit the plaintiff's conclusion as to damages. The sole issue to be determined at the inquest is the extent of damages sustained by the plaintiff.

Cerullo, LLC v. John D. Rocco Sales Co., LLC, NY Slip Op 04894 (2d Dep't August 10, 2022)

Here is the decision.

A defaulting defendant is entitled to present testimony and evidence and cross-examine the plaintiff's witnesses at the inquest on damaages.

Brasil-Puello v. Weisman, NY Slip Op 04893 (2d Dep't August 10, 2022)

Here is the decision.