Ordered that the judgment is reversed, on the law, and a new trial is granted as to damages only, with costs to abide the event.
After the defendants' answer was stricken upon their failure to comply with a discovery order, an inquest, restricted solely to the issue of the plaintiffs' damages, was conducted. At the inquest, however, the court refused to permit the defense counsel to participate, reasoning that by virtue of the defendants' default, they no longer possessed...
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