Ordered that the order is affirmed, with costs.
The defendant's right to appear at the inquest, cross-examine witnesses and offer testimony upon the issue of damages is not disputed, notwithstanding its failure to file a timely answer (see, McClelland v Climax Hosiery Mills, 252 N.Y. 347, 351). However, under all the circumstances at bar, including the lengthy delays that have already occurred, the prior voluntary disclosure of the infant plaintiff's...
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