Opinion
8910 Index 100123/14
04-04-2019
Elliot NEWHOUSE, Plaintiff–Appellant, v. Lowell B. DAVIS, Defendant–Respondent.
Gary A. Lichtman, New York, for appellant. Lowell B. Davis, Carle Place, respondent pro se.
Gary A. Lichtman, New York, for appellant.
Lowell B. Davis, Carle Place, respondent pro se.
Friedman, J.P., Gische, Kapnick, Webber, Gesmer, JJ.
Order, Supreme Court, New York County (Arlene P. Bluth, J.), entered December 14, 2017, which denied plaintiff's motion to set aside a prior order, same court and Justice, rendered August 2, 2017, which dismissed the complaint, unanimously reversed, on the law, without costs, the motion granted, the complaint reinstated, and the matter remanded for an inquest to determine damages.
Defendant, having had his answer stricken, was limited to an inquest at which he could only contest the extent of plaintiff's damages (see Rokina Opt. Co. v. Camera King, 63 N.Y.2d 728, 730–731, 480 N.Y.S.2d 197, 469 N.E.2d 518 [1984] ). Thus, the inquest court improperly re-opened the issue of liability and made a determination with respect thereto (see Christian v. Hashmet Mgt. Corp., 189 A.D.2d 597, 598, 592 N.Y.S.2d 306 [1993] ).