KESSLER v. ATLANTIC AVENUE CVS, INC.


271 A.D.2d 655 (2000)

706 N.Y.S.2d 731

JULIUS KESSLER et al., Respondents-Appellants, v. ATLANTIC AVENUE CVS, INC., Doing Business as CVS PHARMACY, et al., Appellants-Respondents.

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

Decided April 24, 2000.


Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

The Supreme Court properly determined that the defendants are not precluded from contesting the plaintiffs' entitlement to punitive damages. "When an answer is stricken and a default entered, the defendant `admits all traversable allegations in the complaint, including the basic allegation of liability, but does not admit the plaintiff's conclusion as to...

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