Paige v. Lucatorto

1 Citing case

  1. Abbas v. Cole

    7 A.D.3d 649 (N.Y. App. Div. 2004)   Cited 7 times

    At an inquest on damages, a defaulting defendant is entitled to cross-examine the plaintiff's witnesses, and to present testimony and evidence ( see Tamburello v. Bensonhurst Car Limo Serv., 305 A.D.2d 664; Godwins v. Coggins, 280 A.D.2d 582). Here, the defendant was denied this opportunity when the Supreme Court, inter alia, admitted the plaintiff's uncertified hospital records ( see CPLR 4518 [c]) and unsworn medical reports ( see CPLR 2106) into evidence over the defendant's objection ( see Paige v. Lucatorto, 292 A.D.2d 581). Further, the errors were not harmless ( see Adkins v. Queens Van-Plan, 293 A.D.2d 503; Aguirre v. Long Is. R.R.Co., 286 A.D.2d 658).