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A DEFAULTING PARTY ADMITS ALL THE ALLEGATIONS IN THE COMPLAINT; THEREFORE LIABILITY ISSUES SHOULD NOT BE CONSIDERED AT THE INQUEST (SECOND DEPT).

The Second Department, reversing Supreme Court, determined liability issues should not have been considered at the inquest where defendant had defaulted:

By defaulting, the defendant admitted “all traversable allegations in the complaint, including the basic allegation of liability” … . As such, the sole issue to be determined at the inquest was the extent of the damages sustained by the plaintiff, and the Supreme Court should not have considered issues of liability … . Znojewski v Mamczur, 2023 NY Slip Op 04617, Second Dept 9-13-23

Practice Point: A defaulting party admits the allegations in the complaint. Liability issues are off limits at an inquest to determine damages.

 

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