BYRON O. TAXI, INC. v. SWARTZ


278 A.D.2d 108 (2000)

717 N.Y.S.2d 591

BYRON O. TAXI, INC., et al., Petitioners, v. SCOTT SWARTZ et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided December 19, 2000.


Petitioners, as defendants in the underlying personal injury action, defaulted by failing to appear for a court-ordered deposition. After respondent-plaintiff filed a note of issue demanding a nonjury inquest, petitioners' attorneys received a notice from the court scheduling an inquest "on papers" (emphasis in original), in accordance with appended "Special Rules on Submission of Inquests" detailing the proof to be submitted by both sides. Petitioners then commenced...

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