Opinion
2052, 2053
October 30, 2003.
Order, Supreme Court, New York County (Milton Tingling, J.), entered December 7, 2001, which, to the extent appealed from, denied plaintiffs' cross motion to preclude defendant S.J. Jean-Francois from offering expert testimony on damages, and order, same court and Justice, entered April 2, 2002, which, to the extent appealed from, denied plaintiff's motion for a default judgment against defendant Solomon Bekele, unanimously affirmed, without costs.
Jason Platt, for plaintiffs-appellants.
Kristofer A. Larson, for defendants-respondents.
Jason Platt, for plaintiffs-appellants.
Kristofer A. Larson, for defendant-respondent.
Before: Andrias, J.P., Saxe, Williams, Marlow, Gonzalez, JJ.
The striking of defendant S.J. Jean-Francois's answer did not preclude his offer of expert testimony on mitigation of damages (see CPLR 1411 and 3215; Reynolds Secs., Inc. v. Underwriters Bank Trust Co., 44 N.Y.2d 568; see also Conteh v. Hand, 234 A.D.2d 96).
Plaintiffs' motion for a default judgment against defendant Solomon Bekele was properly denied. Bekele sufficiently demonstrated, in addition to a meritorious defense, a reasonable excuse for his delay in appearing in this, the third action commenced by plaintiffs on the same facts, particularly where Bekele had already answered the complaint in the first such action (see Fid. Deposit Co. v. Anderson Co., 60 N.Y.2d 693).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.